Federal Court of Australia
Federal Court of Australia
Auld v Star Health Group Limited [2020] FCA 1308 File number(s): VID 358 of 2019
Judgment of: O'CALLAGHAN J
Date of judgment: 14 September 2020
Catchwords: PRACTICE AND PROCEDURE – discovery – application for non-standard discovery under rr 20.13 and 20.15 of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 20.11, 20.14
Cases cited: Clifton (Liquidator) v Kerry J Investment Pty Ltd trading as Clenergy [2020] FCAFC 5; 379 ALR 593
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 12
Date of last submissions: 26 August 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: The applicant made submissions on his own behalf
Solicitor for the Respondents: Ms E Cole of DLA Piper
ORDERS VID 358 of 2019
BETWEEN: JOHN AULD Applicant
AND: STAR HEALTH GROUP LIMITED ACN 136 368 771 First Respondent
DAMIAN FERRIE Second Respondent
GRANT HAMILTON (and others named in the Schedule) Third Respondent
order made by: O'CALLAGHAN J DATE OF ORDER: 14 September 2020
THE COURT ORDERS THAT:
1. Within 28 days of the date of this order, the applicant provide the respondents with discovery of all documents evidencing or quantifying: (a) the loss that the applicant has allegedly sustained as a result of the alleged adverse action of the respondents (including during the period of the applicant's employment with the first respondent); (b) the steps taken by the applicant to mitigate that loss, including any documents relating to current employment being undertaken by the applicant (such as, but not limited to, any contract of employment, position description, documents relating to payment, or performance reviews) and any employment applications; and (c) any income, whether from employment, government benefit, or otherwise, received by the applicant (including but not limited to annual PAYG summaries, bank statements, tax returns, or payslips) from February 2018 to date but excluding any documents provided by the first respondent to the applicant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate