Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Yatala Labour Prison Case) (No 2) [2023] FCA 429

Federal Court of Australia

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Yatala Labour Prison Case) (No 2) [2023] FCA 429 File number(s): SAD 1 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 8 May 2023

Catchwords: PRACTICE AND PROCEDURE – application pursuant to rr 17.01(3) and 16.53 of the Federal Court Rules 2011 (Cth) for leave to file a third further amended statement of claim and amended originating application – where application to amend is advanced after applicant case closed – whether the amendments prejudice the respondents – application allowed

Legislation: Fair Work Act 2009 (Cth), ss 340, 343, 355, 360, 361, 499, 500, 551 Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth), rr 16.04, 16.53

Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Building and Construction Commissioner v Hall [2018] FCAFC 83; (2018) 261 FCR 347 Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; (2010) 187 FCR 261 CFMEU v BHP Coal Pty Ltd [2015] FCAFC 25; (2015) 230 FCR 298 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Tamaya Resources Ltd (In Liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 University of Sydney v ResMed Limited (No 5) [2012] FCA 232