Dove v Xmeta Pty Ltd (formerly known as Everforex Financial Pty Ltd) (No 3) [2023] FCA 1320

Federal Court of Australia

Dove v Xmeta Pty Ltd (formerly known as Everforex Financial Pty Ltd) (No 3) [2023] FCA 1320 File number(s): NSD 817 of 2022

Judgment of: GOODMAN J

Date of judgment: 2 November 2023

Catchwords: PRACTICE AND PROCEDURE – cross-claim – contractual arrangements whereby a third party is the decision-maker on behalf of the cross-claimant for the purposes of the proceeding and will receive part of the proceeds of any victory by the cross-claimant – application to strike out cross-claim as an abuse of process – application dismissed PRACTICE AND PROCEDURE – application to strike out particular paragraphs of the cross-claim on various bases – some paragraphs struck out – leave to replead granted CONSUMER LAW – misleading conduct – whether representations made by a prospective employee to a prospective employer during the negotiation of an employment contract are capable of being conduct in trade or commerce for the purposes of s 18 of the Australian Consumer Law PRACTICE AND PROCEDURE – application for security for costs – where the cross-claimant is not in a position to pay an adverse costs order from assets within Australia – the effect of s 570 of the Fair Work Act 2009 (Cth) upon the exercise of the discretion to order the provision of security for costs applies – application dismissed PRACTICE AND PROCEDURE – application for determination of a separate question – premature application – application dismissed PRACTICE AND PROCEDURE – application to re-open case based upon the tender of a newspaper article – evidence rejected as hearsay – application dismissed

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, ss 2, 4, 18, 31, 236 Corporations Act 2001 (Cth), s 1335 Evidence Act 1995 (Cth), ss 59, 60 Fair Work Act 2009 (Cth), s 570 Federal Court of Australia Act 1976 (Cth), ss 31A, 56 Federal Court Rules 2011 (Cth), rr 16.21, 19.01, 30.01 Trade Practices Act 1974 (Cth), ss 52, 53B