Federal Court of Australia
Federal Court of Australia
Gupta v Menulog Pty Ltd [2022] FCA 1247 File number(s): SAD 54 of 2022
Judgment of: O'SULLIVAN J
Date of judgment: 27 October 2022
Catchwords: PRACTICE AND PROCEDURE – applicants' application for a suppression order and for the first applicant to be excused from attending future hearings in person – where no grounds exist to make a suppression order – where grounds not sufficient to excuse first applicant from attending in person – respondent's application for summary dismissal or alternatively strike out of the statement of claim in whole or in part pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and rr 26.01 and 16.21 of the Federal Court Rules 2011 (Cth) – where claims pleaded in relation to the second applicant have no reasonable prospect of success and are summarily dismissed – where claims pleaded in relation to the first applicant fail to disclose a reasonable cause of action – where claims pleaded in relation to the first applicant are struck out – leave granted to first applicant to re-plead the statement of claim
Legislation: Age Discrimination Act 2004 (Cth) Disability Discrimination Act 1992 (Cth), ss 5, 6, 7, 8, 42 Fair Work Act 2009 (Cth) Federal Court of Australia Act 1967 (Cth), ss 31A, 37AG, 37M, 37N Federal Court Rules 2011 (Cth), r 26.01 Independent Contractors Act 2006 (Cth), ss 8, 9 Workplace Relations Act 1996 (Cth) Equal Opportunity Act 1984 (SA) Road Transport and Distribution Award 2020
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