Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) [2016] FCA 716

FEDERAL COURT OF AUSTRALIA

Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) [2016] FCA 716 File number(s): SAD 80 of 2015

Judge(s): CHARLESWORTH J

Date of judgment: 16 June 2016

Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) s 469.5

Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Beach Petroleum NL v Johnson (1993) 43 FCR 1

Date of hearing: 10 June 2016

Registry: South Australia

Division: General Division

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 29

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondents Mr B Roberts SC

Solicitor for the Respondents: NDA Law

ORDERS SAD 80 of 2015

BETWEEN: ALEXANDRA JANE WALSH Applicant

AND: UMOONA TJUTAGKU HEALTH SERVICE ABORIGINAL CORPORATION (ICN 7460) First Respondent

PRISCILLA MAGDALENE LARKINS Second Respondent

JUDGE: CHARLESWORTH J DATE OF ORDER: 16 JUNE 2016

THE COURT ORDERS THAT:

1. Subparagraph 18(h) of the third statement of claim is struck out. 2. The applicant has leave to file a fourth statement of claim incorporating the following: (a) the amendments foreshadowed in the opening words to paragraph 18 of Exhibit A, except for the words "and Officers of the first respondent and their family"; (b) the amendments foreshadowed in subparagraphs 18(b), (p), (q), (w) and (ff) of Exhibit A; (c) the insertion of the words "including by victimising her husband" after the word "Applicant" in the opening words to paragraph 19. 3. The applicant is to pay the respondents' costs of and incidental to her interlocutory application of 3 June 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.