Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutchinson v Comcare [2017] FCA 136 File number: VID 861 of 2015
Judge: BROMBERG J
Date of judgment: 21 February 2017
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to set aside orders of the Court – where the orders provided leave to re-plead the claim conditional on the pleading being prepared and certified by a lawyer – where the orders provided for the dismissal of the proceeding in circumstances where the conditional leave not exercised – where the only basis for the application was the renewed assertion that the unrepresented litigant was capable of pleading a reasonable cause of action – application dismissed
Legislation: Disability Discrimination Act 1992 (Cth) Fair Work Act 2009 (Cth) ss 340, 342, 351, 570 Federal Court Rules 2011 (Cth) rr 39.05 Occupational Health and Safety Act 1991 (Cth) Public Service Act 1999 (Cth)
Cases cited: FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Nulyarimma v Thompson (1999) 96 FCR 153 Professional Administration Service Centres Pty Limited v Commission of Taxation [2012] FCAFC 180, 295 ALR 52 Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 Thorpe v Commonwealth (No 3) [1997] HCA 21; 71 ALJR 767
Date of hearing: Determined on the papers
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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