Federal Court of Australia
Federal Court of Australia
Forshaw v Qantas Airways Limited [2023] FCA 957 File number: VID 632 of 2022
Judgment of: SNADEN J
Date of judgment: 16 August 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to strike out amended statement of claim or parts thereof – principles to be applied – whether allegation concerning a "workplace culture" is impermissibly vague – whether allegation about the creation of, tolerance of, or failure to prevent a state of affairs by a body corporate is conclusory – whether s 361(1) of the Fair Work Act 2009 (Cth) operates to relieve an applicant of the need to identify the human agents responsible for corporate conduct – whether allegations about corporate conduct and state of mind are likely to cause prejudice, embarrassment or delay – interlocutory application allowed in part
Legislation: Fair Work Act 2009 (Cth) pt 3-1, ss 340, 342, 351, 361, 793 Federal Court Rules 2011 rr 16.03(2), 16.21
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102 Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1081 TechnologyOne Ltd v Roohizadegan (2021) 174 ALD 224 Weddall v Rasier Pacific Pty Ltd [2023] FCA 59 White Industries v Federal Commissioner of Taxation (2007) 160 FCR 298
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