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Key decisions

  • Jorgensen v Fair Work Ombudsman [2019] FCAFC 113
  • Chetcuti v Minister for Immigration and Border Protection [2019] FCAFC 112
  • Oztech Pty Ltd v Public Trustee of Queensland [2019] FCAFC 102

ADMINISTRATIVE LAW AND CONTEMPT OF COURT

Findings of contempt set aside – primary judge denied procedural fairness to convicted 

Jorgensen v Fair Work Ombudsman [2019] FCAFC 113 (8 July 2019) was an appeal from orders made in the Federal Circuit Court of Australia (‘FCCA’) which had the effect of convicting the appellant (Mr Jorgensen) of contempt of court and sentencing him to a period of imprisonment. In late 2014, the Fair Work Ombudsman (‘Ombudsman’) commenced proceedings against Jorgensen and one of his companies alleging that the company had contravened s 716(5) of the Fair Work Act 2009 (Cth) because it had failed to comply with compliance notices which required the company to pay $29,956.75 for outstanding wages and entitlements of three of its employees.

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