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Smith v ACN 101 390 505 Pty Ltd (in liq) [2020] FCA 940

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INDUSTRIAL LAW - general protections - adverse action - where appellant claimed contraventions of s 351(1) Fair Work Act 2009 (Cth) and dismissal for reasons of age - where s 361 Fair Work Act creates presumption that adverse action taken for prohibited reason unless employer proves otherwise - whether primary Judge took correct approach - whether appellant required to establish prima facie case within s 361 Fair Work Act - whether Jones v Dunkel inference should be drawn in relation to specific evidence - extent to which trial Judge can assist a litigant in person - allegations of "tainted" evidence - extent to which necessary for primary Judge to refer to all evidence before Court - credit of witnesses - proper approach by appellate Court in considering appeal against findings at first instance PRACTICE AND PROCEDURE - appeal unopposed - no contradictor to appellant's submissions - requirement of judicial function that Court be satisfied as to proper disposition of matter

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