Fair Work Ombudsman v Offshore Marine Services Pty Ltd (No 4)
[2014] FCA 249
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IN THE FEDERAL COURT OF AUSTRALIA |
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Applicant | |
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AND: |
OFFSHORE MARINE SERVICES PTY LTD (ACN 109 339 433) First Respondent MARITIME UNION OF AUSTRALIA Second Respondent |
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The second respondent be granted leave under r 15.05 of the Federal Court Rules 2011 (Cth) to file a notice of cross-claim in accordance with the proposed notice of cross-claim annexed to the application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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WESTERN AUSTRALIA DISTRICT REGISTRY |
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FAIR WORK DIVISION |
WAD 251 of 2011 |
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BETWEEN: |
FAIR WORK OMBUDSMAN Applicant |
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AND: |
OFFSHORE MARINE SERVICES PTY LTD (ACN 109 339 433) First Respondent MARITIME UNION OF AUSTRALIA Second Respondent |
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JUDGE: |
GILMOUR J |
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DATE: |
19 March 2014 |
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PLACE: |
PERTH |
REASONS FOR JUDGMENT
1 The second respondent, Maritime Union of Australia (MUA), in an amended interlocutory application dated 12 March 2014, has applied for leave under r 15.05 of the Federal Court Rules 2011 (Cth) to file a notice of cross-claim in accordance with the proposed notice of cross-claim annexed to the application. The application is supported by an affidavit of Nathan Marlborough Keats sworn 12 March 2014.
2 The draft cross-claim seeks to recover contribution from the first respondent, Offshore Marine Services Pty Ltd (OMS), in respect of any liability to pay compensation to Bruce and Lynne Love pursuant to the relief claimed in para 3A of the Further Amended Application filed by the applicant, Fair Work Ombudsman (FWO), in these proceedings and dated 18 December 2013.
3 The MUA did not file a notice of cross-claim at the same time as the filing of its defence because, at the time of filing such defence and at all times until 18 December 2013, the FWO did not claim an order for the payment of compensation to Bruce and Lynne Love. Accordingly, the issue of contribution in respect of such compensation did not arise until well after the time prescribed by r 15.04.
4 On 18 December 2013, the FWO filed and served the Further Amended Application pursuant to leave granted in Fair Work Ombudsman v Offshore Marine Services Pty Ltd (No 3) [2013] FCA 1391. In granting such leave the Court (at [19]) held that the MUA could, if it elected to do so, apply under r 15.01 to make a cross-claim against OMS seeking contribution. The Court (at [27]) expressly refrained from making any additional orders in order that the MUA may apply, if it so elects, to join the first respondent in a cross-claim.
5 I have considered the draft statement of cross-claim and am satisfied that the proposed cross-claim is connected with the subject matter of the proceeding in a significant sense.
6 I am satisfied that in the above circumstances it is appropriate to grant the leave sought.
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I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. |
Associate:
