McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1445

FEDERAL COURT OF AUSTRALIA McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1445

PRACTICE AND PROCEDURE – Application for leave to deliver a Reply – effect upon the trial – approach to the construction of s.298K(1) of the Workplace Relations Act 1996 – requirement to formulate further ground by delivering a Further Amended Statement of Claim - further consideration of the effect upon the trial once further amended pleading delivered. Workplace Relations Act 1996, ss.298K(1)(a), (b), (c), (d) and (e), s.298L(1) BHP Iron Ore Pty Ltd v. Australian Workers' Union 102 FCR 97 National Union of Workers v Qenos Pty Ltd 108 FCR 90 MCILWAIN v RAMSEY FOOD PACKAGING PTY LTD & ORS QUD66 of 2003 GREENWOOD J 12 OCTOBER 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD66 OF 2003

BETWEEN: PETER LESLIE MCILWAIN

APPLICANT

AND: RAMSEY FOOD PACKAGING PTY LTD

FIRST RESPONDENT

RAMSEY FOOD PACKAGING NO. 2 PTY LTD

SECOND RESPONDENT

RAMSEY BUTCHERING SERVICES PTY LTD

THIRD RESPONDENT

RAMSEY FOOD SERVICES PTY LTD

FOURTH RESPONDENT

JUDGE: GREENWOOD J

DATE OF ORDER: 12 OCTOBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. Leave given to deliver a Reply in the form of the amended document handed by Counsel for the Applicant to the Court reflecting the additional changes to paragraph 6 of the Reply marked A to the Notice of Motion. 2. Leave given to amend the Further Amended Application in accordance with the document marked "B" attached to the Notice of Motion. 3. The Applicant to deliver a Further Amended Statement of Claim by 4.00pm, Thursday, 13 October 2005. 4. Commencement of the trial of the action adjourned to 10.15am on Monday, 17 October.