Alexiou v Australia and New Zealand Banking Group Limited (Application to Amend Pleading) [2025] FCA 7

Federal Court of Australia Alexiou v Australia and New Zealand Banking Group Limited (Application to Amend Pleading) [2025] FCA 7 File number:

Judgment of: PERRAM J

Date of judgment: 17 January 2025

Catchwords: Practice and Procedure – where Applicant seeks leave to file and serve proposed third further amended statement of claim – where new claims present triable issues – where proceeding includes lengthy procedural history – where reasons for delay despite lengthy history are not adequately explained by the Applicant – whether amendments should be allowed

Banking Act 1959 (Cth) s 52C Legislation: Corporations Act 2001 (Cth) s 1317AC Fair Work Act 2009 (Cth) ss 12, 340, 342, 361 Industrial Relations Act 1996 (Cth) s 298K(1)

Alexiou v Australia and New Zealand Banking Group Ltd (Notice to Produce) [2021] FCA 1538 Alexiou v Australia and New Zealand Banking Group Ltd [2020] FCA 1777; 303 IR 35 Australian Meat Industry Employees' Union v Belandra Pty Ltd [2003] FCA 910; 126 IR 165 Australian Securities and Investments Commission v Australian and New Zealand Banking Group Ltd [2017] FCA 1338; 14 BFRA 1 Cement Australia Pty Ltd v Australian Competition & Consumer Commission [2010] FCAFC 101; 187 FCR 261 Cases cited: Dorsch v HEAD Oceania Pty Ltd [2024] FCA 162; 331 IR 1 Dorsch v HEAD Oceania Pty Ltd [2024] FCAFC 133 KTC v David [2022] FCAFC 60 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association [2012] FCAFC 63; 202 FCR 244 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; 332 ALR 199 Tamaya Resources Ltd (in liq) v Deloitte Touche Tohmatsu [2015] FCA 1098 Taylor v Department of Health [2020] FCA 1364