Ryan-Dengate v Sunraysia Murray Group Training Ltd [2017] FCA 1348

FEDERAL COURT OF AUSTRALIA

Ryan-Dengate v Sunraysia Murray Group Training Ltd [2017] FCA 1348 File number: SAD 169 of 2017

Judge: WHITE J

Date of judgment: 13 November 2017

Catchwords: PRACTICE AND PROCEDURE – applications for summary judgment or, in the alternative, striking out of Statement of Claim – deficiencies in the Statement of Claim – Statement of Claim struck out.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1) Fair Work Act 2009 (Cth) ss 400, 604, Pt 3-2 of Ch 3 Federal Court of Australia Act 1976 (Cth) s 31A Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) r 16.21

Date of hearing: 13 November 2017

Registry: South Australia

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr P Barry

Solicitor for the Respondent: K & L Gates

ORDERS SAD 169 of 2017

BETWEEN: CELESTE RYAN-DENGATE Applicant

AND: SUNRAYSIA MURRAY GROUP TRAINING LTD Respondent

JUDGE: WHITE J DATE OF ORDER: 13 NOVEMBER 2017

THE COURT ORDERS THAT:

1. The application filed on 13 September 2017 for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) is dismissed. 2. The Statement of Claim filed on 29 June 2017 is struck out. 3. Any application by the Applicant to file and serve an Amended Statement of Claim is to be filed and served by Monday 20 November 2017 and will be heard at 9 am on Wednesday 22 November 2017. 4. If the Applicant does not file and serve an application for leave to file and serve an Amended Statement of Claim with an Affidavit annexing the proposed Amended Statement of Claim by close of business on Monday 20 November 2017, the proceedings will stand dismissed. 5. Costs are reserved. 6. There be liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.