Federal Court of Australia
Federal Court of Australia
James v Commonwealth of Australia [2023] FCA 1241 File number: WAD 165 of 2022
Judgment of: COLVIN J
Date of judgment: 12 September 2023
Date of publication of reasons: 17 October 2023
Catchwords: PRACTICE AND PROCEDURE - application to amend statement of claim - application dismissed by applying case management principles - request for recusal declined
Legislation: Fair Work Act 2009 (Cth) s 345
Cases cited: Charisteas v Charisteas [2021] HCA 29; (2021) 273 CLR 289
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 36
Date of hearing: 12 September 2023
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr JB Blackburn SC
Solicitor for the Respondent: HBA Legal
ORDERS WAD 165 of 2022
BETWEEN: GUNILLA JAMES Applicant
AND: COMMONWEALTH OF AUSTRALIA Respondent
order made by: COLVIN J DATE OF ORDER: 12 SEPTEMBER 2023
THE COURT NOTES THAT:
Orders to the following effect have been made in these proceedings:
1. Matter numbers WAD 156 of 2022 and WAD 165 of 2022 be heard together and the evidence in one case be evidence in the other.
THE COURT ORDERS THAT:
1. The applicant's application to replace or amend her statement of claim in the terms annexed to her affidavit dated 11 September 2023 is dismissed with no order as to costs. 2. On or before 17 November 2023 the respondent shall file a draft list of intermediate issues that it considers arise for determination in the proceedings. So far as possible, the list shall be expressed in terms which do not require regard to any other document in order to understand the issues. 3. The case management hearing be adjourned until 9.30 am AWST on 27 November 2023. 4. The case management conference listed for 2 November 2023 is vacated. 5. A copy of the transcript of today's proceedings be provided to the parties. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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