Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dye v Commonwealth Securities Limited [2010] FCA 720 Citation: Dye v Commonwealth Securities Limited [2010] FCA 720
Parties: VIVIENNE LOUISE DYE v COMMONWEALTH SECURITIES LIMITED
File number: NSD 1165 of 2008
Judge: KATZMANN J
Date of judgment: 9 July 2010
Date of corrigendum: 23 August 2010
Supplementary reasons for judgment: 23 August 2010 – Dye v Commonwealth Securities Limited (No 3) [2010] FCA 903
Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment – leave sought to amend statement of claim after proceeding listed twice for trial – leave sought to add two new claims – application of case management principles in s 37M and s 37N of the Federal Court of Australia Act – need for explanation for delay – whether leave to amend to add arguable claim may be refused under cases management principles – whether leave to amend may be refused where pleading inadequate or embarassing – joinder of cause of action under O 6 r 1 of the Federal Court Rules – whether leave to join arguable claim may be refused under case management principles HUMAN RIGHTS – Discrimination – sex discrimination, sexual harassment, disability discrimination and victimisation in employment – scope of applications under s 46PO of the Australian Human Rights Commission Act 1986 – whether acts alleged to constitute discrimination were the same or substantially the same as acts subject of the terminated complaint to the Australian Human Rights Commission
Legislation: Australian Human Rights Commission Act 1986 (Cth), ss 3, 46PA, 46PF, 46PH, 46PO(3) Disability Discrimination Act 1992 (Cth), ss 42, 123 Fair Trading Act 1987 (NSW) ss 42, 46 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules O 6 r 1, O 6 r 6, O 11 r 2, O 11 r 16, O 13 r 2 Human Rights Legislation Amendment Act (No. 1) (1999) (Cth) New South Wales Barristers' Rules r 37 Revised Professional Conduct and Practice Rules 1995 r A.37 Sex Discrimination Act 1984 (Cth), ss 94, 106, 110 Trade Practices Act 1974 (Cth) ss 52, 53B
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