Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v Patrick Projects Pty Ltd [2016] FCA 1110 File number(s): WAD 641 of 2015
Judge(s): GILMOUR J
Date of judgment: 9 September 2016
Catchwords: PRACTICE AND PROCEDURE – application to strike out amended statement of claim and originating application – whether statement of claim has a reasonable cause of action - whether proceeding is an abuse of process – denial of opportunity to re-plead statement of claim
Legislation: Federal Court Rules 2011 (Cth) rr 16.21(e), 16.21(f) Fair Work Act 2009 (Cth) ss 54, 739
Cases cited: Alcock v Commonwealth [2012] FCA 870 Allstate Life Insurance Co v ANZ Banking Group Ltd [1994] FCA 636 Construction, Forestry, Mining and Energy Union v Commonwealth of Australia [1999] FCA 1571 General Steel Industries Inc v Commissioner for Railways and Ors (NSW) (1964) 112 CLR 125 King v Patrick Projects Pty Ltd [2015] FWCFB 6323 Polar Aviation Pty Ltd v Civic Aviation Safety Authority [2012] FCAFC 97 Seiffert v Patrick Projects Pty Ltd [2014] FWC 7019 Sims v Chong [2014] FCA 1069 Vranic v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 672 Yooralla Sponsors Club v JRBI Nominees Pty Ltd (1980) 49 FLR 86
Date of hearing: 9 June 2016
Registry: Western Australia
Division: Fair Work
National Practice Area: Employment & Industrial Relations
Category: Catchwords
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