Chambers v Broadway Homes Pty Ltd [2024] FCA 993

Federal Court of Australia

Chambers v Broadway Homes Pty Ltd [2024] FCA 993 File number: WAD 182 of 2023

Judgment of: JACKSON J

Date of judgment: 30 August 2024

Catchwords: PRACTICE AND PROCEDURE - application for joinder of additional respondent - claim under the Fair Work Act 2009 (Cth) - proposed amended claim internally incoherent - application dismissed

Legislation: Federal Court Rules 2011 (Cth) r 9.05

Division: Fair Work Division

Registry: Western Australia

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 29

Date of hearing: 30 July 2024

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondents: Mr S Heathcote

Solicitor for the Respondents: APX Law

ORDERS WAD 182 of 2023

BETWEEN: PETER JOHN CHAMBERS Applicant

AND: BROADWAY HOMES PTY LTD First Respondent

MARK BASSO-BRUSA Second Respondent

order made by: JACKSON J DATE OF ORDER: 30 AUGUST 2024

THE COURT ORDERS THAT:

1. Leave to the applicant to amend in terms of the further minute of amended originating application and further minute of amended concise statement each filed on 8 August 2024 is refused. 2. The interlocutory application filed on 21 May 2024 is otherwise dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

JACKSON J: 1 The applicant, Peter Chambers, has made an interlocutory application under r 9.05(1) of the Federal Court Rules 2011 (Cth) to join a company called Delstrat Pty Ltd as a third respondent to the proceeding. The present respondents, Broadway Homes Pty Ltd and one of its directors, Mark Basso-Brusa, oppose the interlocutory application. For the following reasons, the application will be dismissed.