Federal Court of Australia
Federal Court of Australia
Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (No 2) [2023] FCAFC 169 File number: NSD 288 of 2022
Judgment of: MOSHINSKY, ABRAHAM AND RAPER JJ
Date of judgment: 18 October 2023
Catchwords: PRACTICE AND PROCEDURE – form of orders to be made following judgment of the Full Court
Legislation: Corporations Act 2001 (Cth) Taxation Administration Act 1953 (Cth)
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 6
Date of last submissions: 13 September 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr M Darke SC with Ms Z Heger
Solicitor for the Applicant: Assured Legal Solutions
Counsel for the First Respondent: Mr M Hodge KC with Ms JE McKenzie
Solicitor for the First Respondent: Kennedys (Australasia) Partnership
Counsel for the Second Respondent: Ms E Collins SC with Mr B Lim
Solicitor for the Second Respondent: King & Wood Mallesons
ORDERS NSD 288 of 2022
BETWEEN: ANTHONY JOHN WATSON
Applicant
AND: GREENWOODS & HERBERT SMITH FREEHILLS PTY LTD
First Respondent
LENDLEASE CORPORATION LTD
Second Respondent
order made by: MOSHINSKY, ABRAHAM AND RAPER JJ DATE OF ORDER: 18 OCTOBER 2023
THE COURT ORDERS THAT:
1. The following paragraphs of the amended statement of claim filed on 25 July 2022, be struck out: (a) 57A-57U; (b) 57V; (c) 71-77; (d) 78-81; (e) 82-86; (f) 86A to 86L; (g) 91(b) and (c) (as against each respondent); and (h) 91(ea), 91(eb) and 91(ec) (as against each respondent). 2. There be judgment for the respondents in respect of the applicant's claim insofar as it is based on Pt 9.4AAA of the Corporations Act 2001 (Cth) as in force on and after 1 July 2019 or Pt IVD of the Taxation Administration Act 1953 (Cth) and that the following paragraphs of the amended originating application filed on 25 July 2022 be dismissed: (a) 2 and 3; (b) 5B and 5C; (c) 10 and 11; and (d) 13B and 13C. 3. The proceeding be listed for a case management hearing before the docket judge on a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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