Clarke v South East Sydney Local Health District [2018] NSWSC 66

Supreme Court New South Wales

Medium Neutral Citation: Clarke v South East Sydney Local Health District [2018] NSWSC 66 Hearing dates: 31 January 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Strike out the statement of claim filed on 4 April 2017 pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 14.28(1)(a) and (b).

(2) Refuse leave to the plaintiff to file the proposed amended

(3) Dismiss the whole of the proceedings pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 13.4(1)(b).

(4) Unless an application for a different order is made in writing to my Associate within 7 days hereof, order the plaintiff to pay the defendant's costs of the proceedings, including but not limited to the costs of the plaintiff's notices of motion filed on 5 October 2017 and 8 November 2017 and the defendant's notice of motion filed on 9 November 2017.

(5) Subject to any different order other than the default costs order in (4) above being made, grant leave to the defendants to apply for a gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW), such application to be made within 14 days hereof or in accordance with directions made following the making of an application under (4) above. Catchwords: PRACTICE AND PROCEDURE – summary dismissal – no reasonable cause of action disclosed

JURISDICTION – Federal Court has exclusive jurisdiction under Fair Work Act 2009 (Cth) – no right of review in Supreme Court of decisions of Fair Work Commission

JURISDICTION – no jurisdiction to grant relief under the Anti-Discrimination Act 1977 (NSW)