Federal Court of Australia
Federal Court of Australia
Transport Workers' Union of Australia v Qantas Airways Limited (Order to Recall Witnesses) [2024] FCA 572 File number: NSD 1309 of 2020
Judgment of: LEE J
Date of judgment: 20 May 2024
Catchwords: PRACTICE AND PROCEDURE – where contravention of a civil remedy provision previously found – where applicant seeks statutory compensation under s 545(1) of the Fair Work Act 2009 (Cth) – where new "logical counterfactual" argument raised by the respondent in closing submissions – overarching purpose of civil practice and procedure provisions considered – where in the interests of justice to allow the new argument in the circumstances – orders made
Legislation: Evidence Act 1995 (Cth) s 46 Fair Work Act 2009 (Cth) s 545(1) Federal Court of Australia Act 1976 (Cth) ss 37M, 37P(2)
Cases cited: Transport Workers' Union of Australia v Qantas Airways Ltd [2021] FCA 873
Division: Fair Work
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 17
Date of hearing: 20 May 2024
Counsel for the applicant: Mr M Gibian SC with Mr P Boncardo
Solicitor for the applicant: Maurice Blackburn
Counsel for the respondent: Mr R Dalton KC with Mr M Follett SC and Mr N Burmeister
Solicitor for the respondent: Herbert Smith Freehills
ORDERS NSD 1309 of 2020
BETWEEN: TRANSPORT WORKERS' UNION OF AUSTRALIA Applicant
AND: QANTAS AIRWAYS LIMITED & ANOR Respondent
order made by: LEE J DATE OF ORDER: 20 may 2024
THE COURT ORDERS THAT:
1. Pursuant to s 37P(2) of the Federal Court of Australia Act 1976 (Cth), the respondents are required to produce for further cross-examination any witnesses called in their case-in-chief for the purposes of any cross-examination required to be undertaken on behalf of the applicant. 2. The applicant be given leave to seek production of any further documents it considers apparently relevant which would not already have been produced. 3. The applicant be given leave to reopen its case following any further cross-examination of the respondents' witnesses. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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