Desira v Airservices Australia [2020] FCA 818

FEDERAL COURT OF AUSTRALIA

Desira v Airservices Australia [2020] FCA 818 File number: VID 565 of 2019

Judge: DAVIES J

Date of judgment: 12 June 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend pleadings – whether consistent with overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) – where application made one month before trial – whether sufficient explanation for delay – whether respondent would suffer prejudice – no sufficient explanation for delay – respondent did not demonstrate prejudice would flow from allowing proposed amendments – amendments would not necessitate adjournment of the trial – leave to amend granted PRACTICE AND PROCEDURE – application for adjournment of trial – whether new factual and legal issues raised by list of issues – where recent subpoena material – where evidence required to be given by video link due to COVID-19 restrictions – insufficient evidence of new material required to be put on by the parties in response to new issues – challenges of document management and evidence by video link not insurmountable – application to adjourn refused

Legislation: Australian Human Rights Commission Act 1986 (Cth), s 46PO(3) Disability Discrimination Act 1992 (Cth), ss 4, 5(2), 6(2), 15(2) Federal Court of Australia Act 1976 (Cth), ss 22, 37M Federal Court Rules 2011 (Cth), r 16.53 Safety, Rehabilitation and Compensation Act 1988 (Cth) Sex Discrimination Act 1984 (Cth)

Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 Dye v Commonwealth Securities Limited (No 2) [2010] FCAFC 118 Payne v Long [2019] FCA 1765 Watts v Australian Postal Corporation [2014] FCA 370; 222 FCR 220