Federal Court of Australia
Federal Court of Australia
Rochecouste v Tasman Rope Access Pty Ltd (No 2) [2021] FCA 1161 File numbers: WAD 235 of 2020 WAD 236 of 2020
Judgment of: COLVIN J
Date of judgment: 28 September 2021
Catchwords: PRACTICE AND PROCEDURE - application for leave to amend defences - where previous application to amend dismissed - whether late application - where amendments seek to withdraw admissions - whether adequate explanation for withdrawal of admissions - whether in interests of justice to allow application - application allowed in part
Legislation: Fair Work Act 2009 (Cth) ss 557A, 570
Cases cited: Juno Pharmaceuticals Pty Ltd v Millennium Pharmaceuticals, Inc [2019] FCA 526 Rochecouste v Tasman Rope Access Pty Ltd [2021] FCA 908 Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 87
Date of hearing: 22 September 2021
Counsel for the Applicants: Mr H Pararajasingham
Solicitor for the Applicants: Nicholas Legal
Counsel for the Respondents: Mr AJ Power
Solicitor for the Respondents: HLS Legal
ORDERS WAD 235 of 2020
BETWEEN: MARC ROCHECOUSTE Applicant
AND: TASMAN ROPE ACCESS PTY LTD (ACN 604 876 324) First Respondent
BRENDAN HALSTEAD Second Respondent
WAD 236 of 2020
BETWEEN: MICHEAL ATWELL Applicant
AND: TASMAN ROPE ACCESS PTY LTD (ACN 604 876 324) First Respondent
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