the Applicant v Everforex Financial Pty Ltd
Citation: [2023] FCA 1171
At a glance
- Employees affected
- 1
What happened
the Applicant commenced proceedings in October 2020 against Everforex Financial Pty Ltd, a foreign exchange and CFD trading business where he was employed as Chief Executive Officer from January 2019 to February 2020. the Applicant claims Everforex contravened the Fair Work Act, Australian Consumer Law, and employment contract terms. Everforex brought a cross-claim alleging the Applicant made unauthorised payments, failed to return company property, and disabled the trading platform. the Applicant served Notices to Produce seeking bank statements, audited financial statements, and tax documents from Everforex for financial years 2021 and 2022.
What was decided
the Respondent applied to set aside the Notices to Produce, arguing the documents were not relevant and that s.570 of the Fair Work Act barred production because it was unlikely costs could be ordered. The court dismissed the Respondent's application and ordered production of the documents. The court found that s.570 did not operate as a bar to production and the documents were potentially relevant to determining the Respondent's loss calculation and its ability to meet adverse costs orders.
What it means for employers
Employers cannot use s.570 of the Fair Work Act as a shield against discovery of relevant financial documents during litigation. The section limiting costs orders does not prevent access to financial information that may be relevant to assessing claims or liability. Financial transparency is required in fair work disputes.
What it means for employees
Employees can pursue discovery of an employer's financial records where relevant to calculating losses or establishing the employer's capacity to pay costs. Restrictions on costs orders against employers do not prevent employers from having to produce relevant financial documentation during proceedings.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1171Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →