Grochowski v Kearney [2020] FCA 1248

Federal Court of Australia

Grochowski v Kearney [2020] FCA 1248 Appeal from: Kearney v Accrue Property Pty Ltd [2020] FCCA 74

File number(s): VID 60 of 2020

Judgment of: O'CALLAGHAN J

Date of judgment: 28 August 2020

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal interlocutory decision – where primary judge declined to strike out allegations in statement of claim or order that further particulars be provided – where primary judge provided multiple independent reasons for decision – whether error in one reason affected other reasons EVIDENCE – where party's defence did not plead to certain allegations in reliance upon privilege against exposure to penalty – whether primary judge erred in finding allegations not denied were taken to be admitted under r 16.07(2) of the Federal Court Rules 2011 (Cth)

Legislation: Fair Work Act 2009 (Cth) ss 546(1), 550(1), 570 Federal Court Rules 2011 (Cth) r 16.07(2)

Cases cited: A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union [2005] FCA 1658; 226 ALR 247 Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Anderson v Australian Securities and Investments Commission [2012] 2 Qd R 401 Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125 Australian Securities and Investments Commission v Mining Projects Group Ltd (2007) 164 FCR 32 Dubow v Fitness First Australia Pty Ltd [2011] NSWCA 401 Fair Work Ombudsman v Hu [2017] FCA 1081 In re the Will of FB Gilbert (Deceased) (1946) 46 SR (NSW) 318 MacDonald v Australian Securities and Investments Commission (2007) 73 NSWLR 612 Nationwide News Pty Ltd v Rush [2018] FCAFC 70