Federal Court of Australia
Federal Court of Australia
Higginson v Australian Capital Territory [2025] FCA 66 File number: ACD 6 of 2024
Judgment of: BROMWICH J
Date of judgment: 11 February 2025
Catchwords: PRACTICE AND PROCEDURE – application by applicant for leave to file a further amended statement of claim (FASOC) –application by respondent for summary dismissal of the proceeding – where respondent objects to leave to amend being granted on basis that aspects of proposed FASOC – whether breach of lease contract claim discloses any reasonable cause of action or has reasonable prospects of success – whether Australian Consumer Law unconscionable conduct claim discloses any reasonable cause of action or has reasonable prospects of success - held: leave to file FASOC with amendments granted – respondent's summary judgment application otherwise be dismissed
Legislation: Competition and Consumer Act 2009 (Cth) ss 2A(1), 4, 131, sch 2, s 21 Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss31A(2), 37M(1) Federal Court Rules 2011 (Cth) rr 8.21(1)(g)(i), 16.53(1), 16.53(2), 26.01(1)(a), 26.01(1)(c) Fair Trading (Australian Consumer Law) Act 1992 (ACT) ss 7, 15 Housing Assistance Act 2007 (ACT) ss 9(1), 9(2), 11(1), 37 Housing Assistance Public Rental Housing Assistance Program 2013 (No 1) (ACT) cls 5, 28(2) Human Rights Act 2004 (ACT) ss 11, 12(a), 13, 40B(1)(a) Public Sector Code of Conduct (ACT) Public Sector Management Act 1994 (ACT) Residential Tenancies Act 1997 (ACT) ss 8(1), 71(1)(c), sch 1, cl 52
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