On 9 May 2023, STAL was successful with obtaining an injunction against an Employer seeking to continue their County Court claim against an Employee (after the Employee had commenced their own claim for damages based on an alleged breach by the employer of their employment contract and the Fair Work Act) [Beattie v Digga Excavations and Demolition Pty Ltd [2023] FedCFamC2G 337]
The Employee’s claim which is yet to be heard by the Court at a final hearing, was initiated in the Federal Circuit and Family Court of Australia before the Employer’s proceeding.
The Court found amongst other matters, that there was commonality in the facts in dispute for both parties, which warranted a hearing in the one Court ( Federal Circuit Court).
The Federal Circuit Court has accrued jurisdiction to hear matters not only under the Fair Work Act, but common law claims arising out of Employment relationship.
Before launching into any Court action, it is important that advice is obtained first from our firm about the appropriate jurisdiction, Court and all options are canvassed.