Federal Court of Australia
Federal Court of Australia
Dyball v Brookfield Properties Australia Pty Ltd [2024] FCA 1335 File number: WAD 147 of 2024
Judgment of: FEUTRILL J
Date of judgment: 31 October 2024
Date of publication of reasons: 19 November 2024
Catchwords: PRACTICE AND PROCEDURE – application to strike out paragraphs of concise statement – whether material scandalous, vexatious or frivolous or abuse of process – application for suppression and non-publication orders – public interest in open justice
Legislation: Fair Work Act 2009 (Cth) ss 44, 55A, 65A, 83, 84, 539, 539(2) Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF(1), 37AG, 37AG(1)(a), 37AG(2), 37AH, 37M; Pt VAA Federal Court Rules 2011 (Cth) rr 16.21, 16.21(a), 16.21(b). 16.21(c), 16.21(d), 16.21(e), 16.21(f)
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 22
Date of hearing: 31 October 2024
Counsel for the Applicant: Mr N Ellery
Solicitor for the Applicant: MDC Legal
Counsel for the Respondents: Ms H Millar
Solicitor for the Respondents: Minter Ellison
ORDERS WAD 147 of 2024
BETWEEN: KELLY DYBALL Applicant
AND: BROOKFIELD PROPERTIES AUSTRALIA PTY LTD First Respondent
NICHOLAS OZICH Second Respondent
CLIFFORD WINBY (and another named in the Schedule) Third Respondent
order made by: FEUTRILL J DATE OF ORDER: 31 OCTOBER 2024
THE COURT ORDERS THAT:
1. The interlocutory application filed by the respondent on 28 September 2024 be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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