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Forbes v Petbarn Pty Ltd [2018] FCA 256

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APPEAL AND NEW TRIAL - proceedings in Federal Circuit Court of Australia dismissed as having no prospects of success - lack of prospects explained by want of jurisdiction - whether order dismissing proceedings for want of jurisdiction interlocutory - whether leave to appeal required INDUSTRIAL LAW -- Certificate purportedly issued by Fair Work Commission pursuant to s 776 of the Fair Work Act 2009 (Cth) - Commission having no jurisdiction to deal with unlawful termination dispute - Certificate having no legal effect -- whether purported issue of Certificate had effect of enlivening jurisdiction of Federal Circuit Court of Australia in an action alleging unlawful termination INDUSTRIAL LAW - allegations against non-employer parties asserting involvement of others in unlawful termination - facts asserting accessorial liability under s 550 of the Fair Work Act 2009 (Cth) - availability of cause of action - preconditions to jurisdiction of Federal Circuit Court of Australia to hear such a claim

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