Bellou v Victoria University (No 4) [2022] FCA 305

Federal Court of Australia

Bellou v Victoria University (No 4) [2022] FCA 305 File number: VID 1053 of 2017

Judgment of: SNADEN J

Date of judgment: 22 March 2022

Date of publication of reasons: 29 March 2022

Catchwords: PRACTICE AND PROCEDURE – interlocutory application – application for leave to file an amended statement of claim – proposed amended statement of claim failed to articulate claims with sufficient clarity – proposed amended statement of claim deficient – application for leave dismissed – application for respondent's costs of and associated with unsuccessful application for leave to file amended statement of claim – s 570 of the Fair Work Act 2009 (Cth) – prosecution of application for leave relevantly unreasonable – applicant ordered to pay respondent's costs in a fixed amount

Legislation: Fair Work Act 2009 (Cth) s 570

Cases cited: Bellou v Victoria University [2018] FCA 1794 Palmer v McGowan (No 4) [2022] FCA 292

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 14

Date of hearing: 22 March 2022

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr N.A.T. Harrington

Solicitor for the Respondent: DLA Piper

ORDERS VID 1053 of 2017

BETWEEN: THEA BELLOU Applicant

AND: VICTORIA UNIVERSITY Respondent

order made by: SNADEN J DATE OF ORDER: 22 March 2022

THE COURT ORDERS THAT:

1. The applicant's application for leave to file her draft amended statement of claim dated 11 February 2022 be dismissed. 2. The applicant pay the respondent's costs of and associated with that application in the sum of $7,000.00. 3. The costs referred to in order 2 be paid to the respondent within 28 days of this order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.