Linkhill Pty Ltd v Director, Office of the Fair Work Building Industry Inspectorate [2015] FCAFC 99 (22 July 2015)
APPEAL AND NEW TRIAL – leave to argue ground of appeal not raised before primary judge – permission to raise argument not advanced at trial – when may new argument be advanced on appeal – expedient in interests of justice to allow new argument – failure to raise argument at trial
INDUSTRIAL LAW – right to deduct payments made from award entitlements – set-off of payments – off-set of award entitlements against payments made – method of calculation of underpayment of award entitlements – payments made taken into account as deduction against award entitlements – sham contracting
PRACTICE AND PROCEDURE – refusal of adjournment – discretionary judgment with regard to adjournment