Federal Court of Australia
Federal Court of Australia
Scott v Steritech Pty Ltd [2023] FCA 1401 File number(s): QUD 236 of 2022
Judgment of: COLLIER J
Date of judgment: 14 November 2023
Catchwords: INDUSTRIAL LAW - interlocutory application seeking strike out of statement of claim and summary dismissal – earlier proceedings between same parties in Federal Circuit and Family Court of Australia settled by Deed of Release – Deed of Release barred further proceedings save for "claims under workers' compensation…law" - fresh proceedings instituted in Federal Court seeking damages and compensation for personal injuries – common substratum of facts in proceedings – whether Federal Court proceedings an abuse of process – whether Fair Work Act proceedings barred by Deed of Release - jurisdiction of Federal Court to hear common law claim for damages – meaning of "claims under workers' compensation… law" – proper order as to costs
Legislation: Constitution ss 76(i), 76(ii) Fair Work Act 2009 (Cth) ss 45, 50, 340(1)(a)(i), 340(2), 352, 545, 570, 570(2)(a) Federal Court of Australia Act 1976 (Cth) ss 19(1), 31A, 37M Safety, Rehabilitation and Compensation Act 1988 (Cth) Federal Court Rules 2011 (Cth) rr 16.21(1)(f) 26.01(a), 26.01(1)(d) Workers Compensation and Rehabilitation Act 2003 (Qld) ss 110, 237, 275
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Laverick v Westpac Banking Corporation [2020] QSC 333 Mulhern v Pearce (No. 2) [2014] FCA 805 Rana v Google Inc (2017) 254 FCR 1; [2017] FCAFC 156 Sarina v Fairfax Media Publications Pty Ltd [2018] FCAFC 190; (2018) 365 ALR 15 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Tyne (Trustee) v UBS AG (No 2) (2015) 250 FCR 341; [2017] FCAFC 5 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Zoiti-Licastro v Australian Taxation Office [2006] 154 IR 1
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