Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd [2001] FCA 508

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2001] FCA 508

PRACTICE AND PROCEDURE - industrial law – interlocutory judgment – motion to refuse amendments to statement of claim – whether amendments are badly pleaded - whether amendments constitute embarrassing pleadings - whether proposed amendments constitute new causes of action Workplace Relations Act 1996 (Cth) ss 170VK, 170WC Murex Diagnostics Australia Pty Limited v Chiron Corporation and Anor (1994) 55 FCR 194 referred to

Park Oh Ho and Ors v Minister for Immigration and Ethnic Affairs (1987) 14 FCR 274 referred to

Philip John Pollack v Retravision (NSW) Ltd [1996] 1124 FCA 1, (unreported, Federal Court of Australia, Moore J, 23 December 1996) referred to

Shields v Australian and New Zealand Banking Group (unreported, Federal Court of Australia, Lockhart J, 15 August 1995) referred to

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, COLLIN ROSS AND ORS v G & K O'CONNOR PTY LTD V833 OF 2000 MARSHALL J MELBOURNE 3 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V833 OF 2001

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION

FIRST APPLICANT

COLLIN ROSS

SECOND APPLICANT

AND OTHERS

THIRD TO THIRTY-FIRST APPLICANTS

AND: G & K O'CONNOR PTY LTD

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 3 MAY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The respondent's Notice of Motion of 30 March 2001 be dismissed, save that those parts of paragraphs 98 to 106 of the applicants' proposed Third Further Amended Statement of Claim which allege a new cause of action be disallowed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.