Federal Court of Australia
Federal Court of Australia Roebuck v Shopping Centres Australasia Property Group Re Limited (No 2) [2024] FCA 1144 File number:
Judgment of: FEUTRILL J
Date of judgment: 4 September 2024
Date of publication of reasons: 30 September 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating process – overarching purpose of civil practice and procedural provisions – separate questions determined – jurisdiction of Court to make declaration under Fair Work Act 2009 (Cth)
Fair Work Act 2009 (Cth) ss 45, 345, 385, 389, 545, 546, 547, 562, 563(c), 564, 570; Pt 3-2 Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 37M Judiciary Act 1903 (Cth) ss 39B, 39B(1A)(c) Federal Court Rules 2011 (Cth) rr 8.21, 30.02
Cases cited: Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45; 302 FCR 589
Division: Fair Work Division
Registry: Western Australia
National Practice Area:
Number of paragraphs: 30
Date of hearing: 4 September 2024
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr ND Ellery
Solicitor for the Respondent: Corrs Chambers Westgarth
ORDERS WAD 220 of 2022
BETWEEN: CAMERON ROEBUCK Applicant AND: SHOPPING CENTRES AUSTRALASIA PROPERTY GROUP RE LIMITED (ACN 158 809 851) Respondent
order made by: FEUTRILL J DATE OF ORDER: 4 SEPTEMBER 2024
THE COURT ORDERS THAT: 1. The applicant's interlocutory application for leave to amend his originating process be dismissed. 2. Pursuant to r 30.02 of the Federal Court Rules 2011 (Cth), the originating process and the proceeding be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. REASONS FOR JUDGMENT REVISED FROM THE TRANSCRIPT FEUTRILL J:
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