INDUSTRIAL LAW - penalties - contravention of National Employment Standards pursuant to s 44(1) of the Fair Work Act 2009 (Cth) - failure to pay redundancy pay contrary to s 119(1) of the Fair Work Act - effect of first respondent being placed in administration - relevance of insolvency to imposition of penalty
CORPORATIONS - whether s 546(4) of the Fair Work Act has effect that penalties imposed under the Act are provable in winding up of company despite s 553B of the Corporations Act 2001 (Cth)
CORPORATIONS - where leave to proceed against a company in administration granted pursuant to s 440D(1)(b) of the Corporations Act - where leave granted on the basis that company would be indemnified by insurer - where no admissible evidence subsequently before the Court regarding position of insurer
COSTS - costs sought under s 570(2)(b) of the Fair Work Act - whether refusal of settlement offer was an unreasonable act
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