Security for costs in the Fair Work Commission

It is reasonably common in the Australian civil courts for a party to seek an order from the relevant court…

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Confidentiality orders in the Fair Work Commission

“Subsection (1) of Section 594 of the Act provides: “(1) The FWC may make an order prohibiting or restricting the publication…

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Subpoenas in the fair work system

Evidence in documents is generally regarded as prime evidence in court proceedings, and so it is in workplace relations cases…

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Fair Work cases; the rule in Jones v Dunkel

There is a rule of evidence which applies in the Australian courts to the effect that where a party does…

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Fair Work Commission interim orders

Section 589 of the Fair Work Act empowers the Fair Work Commission to make interim decisions on its own in…

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Unfair dismissal cases; how to assess the credibility of witnesses

Unfair dismissal cases; how to assess the credibility of witnesses Most unfair dismissal cases which are not resolved at conciliation…

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Unfair dismissal cases; the procedure

Today I came across a Fair Work Commission decision in an unfair dismissal case which dealt with both the form…

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Unfair dismissal and determinative conferences

I am no fan of the Fair Work Commission’s “determinative conferences”, and have previously posted blogs to that effect. They…

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Determinative conferences in the Fair Work Commission

In the sometimes mysterious workings of the Fair Work Commission, there appears to be an increasing trend to resolve cases…

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Insolvency of employers and the fair work system

It is not unknown for an employer to become insolvent and to seek to argue in fair work cases that…

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