Federal Court of Australia
Federal Court of Australia
Braun v St Vincent's Private Hospital Northside Ltd [2023] FCA 166 File number: QUD 289 of 2021
Judgment of: RANGIAH J
Date of judgment: 7 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating application and statement of claim – where proposed amendments claim relief for breaches of State statutes – where State Act provides that jurisdiction is conferred exclusively on Queensland Industrial Relations Tribunal – whether amendments would be futile because Federal Court of Australia lacks jurisdiction over State-based claims – amendments would not be futile –application allowed
Legislation: Corporations Act 2001 (Cth) s 1317AD Fair Work Act 2009 (Cth) ss 340, 343 and 570 Federal Court Rules 2011 (Cth) rr 8.21, 16.02(1)(b) and 16.53 Judiciary Act 1903 (Cth) ss 39B(1A) and 79 Anti-Discrimination Act 1991 (Qld) ss 15, 129, 134-138, 154A, 158, 164A-167, 174B, 174C, 209(1) and 1317 Industrial Relations Act 2016 (Qld) ss 262(1)(b), 282, 285, 287, 309, 313, 314, 429, 450, 531(2) and 542(b) Public Interest Disclosure Act 2010 (Qld) ss 40, 40(1) and 48(1) Corporations Law (Victoria) ss 58AA, 614, 615, 737 and 739
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