Walsh v University of Technology, Sydney [2007] FCA 880

FEDERAL COURT OF AUSTRALIA

Walsh v University of Technology, Sydney [2007] FCA 880 PRACTICE AND PROCEDURE – an application is not a pleading – purported statement of claim struck out for failure to comply with requirements for pleadings SUMMARY JUDGMENT – no reasonable prospects of success – remedies sought unavailable under The Trade Practices Act Federal Court of Australia Act 1976 (Cth) s 31A, Federal Court Rules o 11 r 16 Judicial Review Act 1991 (Qld) Trade Practices Act 1974 (Cth) s 51AA, s 51AB, s 52, s 60, s 74, s 80, s 87

Arturi v Zupps Motors Pty Ltd (1980) 49 FLR 283 Clark v University of Lincolnshire and Humberside [2000] 1 WLR 1988 Community and Public Sector Union v Telstra Corporation Ltd (2000) 108 FCR 52 Finance Section Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 Griffith University v Tang (2005) 221 CLR 99 National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 National Union of Workers v Qenos Pty Ltd (2001) 108 FCR 90 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2001) 109 FCR 378 Zaravinos v Dairy Farmers Co-Operative Limited [1985] 7 FCR 195 PETER ANTHONY WALSH v UNIVERSITY OF TECHNOLOGY, SYDNEY NSD 832 OF 2006

BUCHANAN J

15 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 832 OF 2006

BETWEEN: PETER ANTHONY WALSH

Applicant

AND: UNIVERSITY OF TECHNOLOGY, SYDNEY

Respondent

JUDGE: BUCHANAN J

DATE OF ORDER: 15 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The statement of claim filed 1 September 2006 is struck out. 2. Subject to Orders 3 and 4 hereunder the proceedings are dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth). 3. Any application for costs by the respondent is to be made (supported by full written arguments) within 14 days of these orders. In such event the applicant may file full written submissions on the question of costs within a further 14 days but not otherwise. 4. If no application for costs is made in accordance with Order 3 each party is to bear their own costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA