Federal Court of Australia
Federal Court of Australia
Forshaw v Qantas Airways Limited (No 2) [2024] FCA 446 File number: VID 632 of 2022
Judgment of: SNADEN J
Date of judgment: 2 May 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for leave to further amend statement of claim – principles to be applied – whether allegation concerning existence of a "workplace culture" is impermissibly vague – whether allegation about the 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 – whether amendments properly identify a reasonable cause of action – interlocutory application dismissed
Legislation: Conciliation and Arbitration Act 1904 (Cth) s 5 Fair Work Act 2009 (Cth) ss 340, 342, 351, 361, 570, 793 Federal Court Rules 2011 (Cth) r 16.53 Workplace Relations Act 1996 (Cth) s 298V
Cases cited: Caason Investments Pty Ltd v Cao (2015) 236 FCR 322 Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 Forshaw v Qantas Airways Limited [2023] FCA 957 General Motors-Holden's Pty Ltd v Bowling (1976) 12 ALR 605 Herbert v Star Aviation Services Pty Ltd [2019] FCA 239 Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd [2010] FCA 494 Tattsbet v Morrow (2015) 233 FCR 46 Transport Workers' Union of Australia v Qantas Airways Limited (2021) 308 IR 244 Uber Technologies Incorporated v Andrianakis (2020) 61 VR 580 Wheelahan v City of Casey (No 12) [2013] VSC 316
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