Federal Court of Australia
Federal Court of Australia
Cavar v MSS Security Pty Ltd [2024] FCA 1460 File number(s): NSD 1299 of 2023
Judgment of: GOODMAN J
Date of judgment: 18 December 2024
Catchwords: PRACTICE AND PROCEDURE – strike out and summary judgment application – litigant in person – need to strike a balance between the challenges faced by a litigant in person and a respondent faced with a statement of claim that does not disclose in a comprehensible way the case (or cases) to be met – save for one cause of action, the statement of claim be struck out, with leave to file a further statement of claim if certified by a lawyer
Legislation: Competition and Consumer Act 2010 (Cth), sch 2, ss 27, 236 Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth), rr 16.01, 16.21
Cases cited: Reurich v Shoalhaven Heads Bowling and Recreational Club Ltd [2020] FCA 427 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 22
Date of last submission/s: 9 July 2024
Date of hearing: 20 June 2024
Solicitor for the Applicant: The applicant did not appear at the hearing, but made subsequent written submissions by leave
Counsel for the Respondent: Ms N Campbell
Solicitor for the Applicant: Ms P Sena, in-house counsel for the respondent
ORDERS NSD 1299 of 2023
BETWEEN: CELIJA (CELIA) CAVAR Applicant
AND: MSS SECURITY PTY LTD (ABN 29 100 573 966) Respondent
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