Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Finch v The Heat Group Pty Ltd (No 5) [2016] FCA 191 File number: VID 704 of 2012
Judge: JESSUP J
Date of judgment: 4 March 2016
Catchwords: PRACTICE AND PROCEDURE – Application to strike out pleadings pursuant to r 16.21 Federal Court Rules 2011 (Cth) – Limitations of actions – Whether causes of actions statute barred – Limitation on the recovery of damages in respect of a "serious injury" under the Accident Compensation Act 1985 (Vic) in contract, negligence, and arising out of employment – Claims based on an injury statute barred – Failure to plead a point of substance in a contractual claim – Failure to set out the factual requirements of the causes of action on which the applicant relies – Failure to relate factual allegations to any cause of action – Pleading struck out PRACTICE AND PROCEDURE – Allegations of termination of employment in breach of the Disability Discrimination Act 1992 (Cth) – Whether a reasonable cause of action is disclosed – Whether applicant should be entitled to prosecute complaint PRACTICE AND PROCEDURE – Application for security for costs – Multiple iterations of applicant's pleading – Previous failure by the applicant to comply with an order for costs in litigation involving the parties PRACTICE AND PROCEDURE - Transfer of the proceedings to the Federal Circuit Court – Whether transfer in the interests of justice
Legislation: Accident Compensation Act 1985 (Vic) s134AB Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 153 of the Australian Consumer Law Defamation Act 2005 (Vic) ss 6, 46 Disability Discrimination Act 1992 (Cth) ss 5, 6, 10, 11, 15(2)(c), 21A, 21B, 42 Equal Opportunity Act 1995 (Vic) Federal Court of Australia Act 1976 (Cth) ss 31A, 32AB, Federal Court Rules 2011 rr 16.21, 27.12 Judiciary Act 1903 (Cth) s 79 Limitation of Actions Act 1958 (Vic) s 5 Long Service Leave Act 1992 (Vic) ss 58, 60 Occupational Health and Safety Act 2004 (Vic) ss 21, 22, 32, 76, 130 Trade Practices Act 1974 (Cth) ss 51AA, 51AB, 52, 53B, 82, 87, 87D, 87F, 87G Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth) Sch 7 Sex Discrimination Act 1984 (Cth) Wrongs Act 1958 (Vic) Handford, Limitation of Actions – The Laws of Australia, 3rd ed, 2012, p 98
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