Employment & Industrial Relations NPA logo with link NPA logo with link

About this NPA


The Employment and Industrial Relations National Practice Area (NPA) comprises of civil and criminal matters arising under the Fair Work jurisdiction and related legislation including:

  • workplace-related applications
  • writs of mandamus or prohibition
  • injunctions
  • declarations
  • prosecutions
  • matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.

Latest Judgments


  • 13 Dec 2019: Pizzeys Patent and Trade Mark Attorneys Pty Limited v Bennett [2019] FCA 2084
    DISCOVERY - application for preliminary discovery - whether it is objectively reasonable that the prospective applicant believes there to be a misuse of confidential information by the prospective respondents - sufficient evidence to support reasonableness of belief - sufficiency of information already obtained - discretion - application granted
    Judge: Jagot J
  • 13 Dec 2019: Whelan v Cigarette & Gift Warehouse [2019] FCA 2064
    INDUSTRIAL LAW - penalty hearing - court determination of penalties to be imposed - broad discretion to determine quantum of penalties to be imposed - relevant considerations in determining appropriate penalties - whether penalty is proportionate to the offence - whether penalties should be paid to the applicant COSTS - application by both parties …
    Judge: Collier J
  • 11 Dec 2019: Rangi v Kmart Australia Ltd (No 2) [2019] FCA 2083
    COSTS - whether an applicant for leave to appeal from orders made by a judge of the Federal Circuit Court of Australia instituted the proceedings without reasonable cause
    Judge: Steward J

Latest Speeches & Papers


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Form & Rules


The key forms and rules for commencing proceedings are:

  • Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
Forms:
  • Form 79 - Originating application under the Fair Work Act alleging dismissal in contravention of a general protection
Rules:
  • Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
Forms:
  • Form 69 – Originating application for relief under Section 39B Judiciary Act
Rules:

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