CASE PROCEDURES – employer in liquidation – s.394 Fair Work Act 2009 – application for unfair dismissal remedy made in November 2015 – conciliation unsuccessful – matter listed for hearing – in February 2016 Commission received advice from applicant that respondent in voluntary liquidation – advice confirmed by contact of company – in April 2016 Commission wrote to applicant and advised that creditors had passed a resolution to wind up company and a liquidator had been appointed – correspondence sent to applicant and referred to s.500(2) of Corporations Act 2001 indicating that application cannot proceed without leave of the Court – applicant invited to be heard in relation to Commission’s position if applicant disagreed – no response provided – Commission not a ‘Court’ and is therefore unable to grant leave [Smith] – application stayed until leave of the Court granted. Stephens v Global Intellectual Group
…
