Parker v HG Innovations Pty Ltd [2019] FCA 1291

Parker v HG Innovations Pty Ltd [2019] FCA 1291

Leave to appeal is granted because there are arguable grounds that the applicant was denied procedural fairness by being deprived of a proper opportunity to answer the respondents' submissions and the primary Judge may have failed to consider Mr Parker's evidence and submissions, compounded by the failure to apply the limitations on costs in s 570 of the Fair Work Act.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Application for Leave to Appeal / Leave to Appeal—granted
Outcome
Leave to appeal granted
Legal Topics
['application for Leave to Appeal' 'employee or Contractor Status' 'procedural Fairness' 'costs in Fair Work Proceedings']
['employment Law' 'industrial Relations' 'practice and Procedure'] ['application for Leave to Appeal' 'employee or Contractor Status' 'procedural Fairness' 'costs in Fair Work Proceedings']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal—granted

Legal Issues

  1. 1 ["Whether applicant was denied procedural fairness in summary dismissal and acceptance of respondents' submissions not filed in accordance with court orders" "Whether primary judge failed to consider applicant's evidence and submissions" 'Whether primary judge erred in characterising applicant as contractor rather than employee' 'Whether costs order against applicant failed to apply s 570 Fair Work Act 2009 (Cth)']

Ratio Decidendi

Leave to appeal is granted because there are arguable grounds that the applicant was denied procedural fairness by being deprived of a proper opportunity to answer the respondents' submissions and the primary Judge may have failed to consider Mr Parker's evidence and submissions, compounded by the failure to apply the limitations on costs in s 570 of the Fair Work Act.

Court Disposition

Leave to appeal granted

Orders

  • ['Leave to appeal be granted from the decision of the Federal Circuit Court of Australia of 11 February 2019 in Parker v HG Innovations & Ors [2019] FCCA 278']