FEDERAL CIRCUIT COURT OF AUSTRALIA
| ADACHI v QANTAS AIRWAYS LTD | [2019] FCCA 1107 |
| Catchwords: INDUSTRIAL LAW – Adverse action claim. |
| Legislation: Fair Work Act 2009 (Cth), ss.340, 341, 361 Federal Circuit Court of Australia Act 1999 (Cth), s.43 Federal Circuit Court Rules 2001 (Cth), r.1.05 Federal Court Rules 2011 (Cth), r.16.21 |
| Applicant: | KEIKO ADACHI |
| Respondent: | QANTAS AIRWAYS LTD |
| File Number: | SYG 3078 of 2016 |
| Judgment of: | Judge Barnes |
| Hearing dates: | 25 October 2017 and 2 March 2018 |
| Date of Last Submission: | 23 March 2018 |
| Delivered at: | Sydney |
| Delivered on: | 30 April 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr Davis |
| Solicitors for the Applicant: | Byles Anjos Lawyers |
| Counsel for the Respondent: | Mr Rauf |
| Solicitors for the Respondent: | Ashurst Australia |
ORDERS
Paragraphs 7 to 17, 24 to 26 and 49 of the Applicant’s points of claim be struck out.
The Applicant have leave to replead paragraphs 24 to 26 and 49 of the points of claims provided that any amended points of claim be filed and served on or before 24 May 2019.
If the Applicant files and serves amended points of claim in accordance with order 2 hereof, the Respondent file and serve amended points of defence on or before 14 June 2019.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 3078 of 2016
| KEIKO ADACHI |
Applicant
And
| QANTAS AIRWAYS LTD |
Respondent
REASONS FOR JUDGMENT
The Applicant, Ms Adachi, commenced proceedings in this court against Qantas Airways Ltd (Qantas) under the Fair Work Act 2009 (Cth) (the FW Act) alleging contraventions of the general protections provisions in Part 3-1 of Chapter 3 of the FW Act. After the proceedings were commenced, and in circumstances where both parties were represented, the court made consent orders that Ms Adachi file points of claim and Qantas file points of defence, rather than proceeding by way of a statement of claim.
Qantas now seeks orders that the court strike out certain paragraphs in Ms Adachi’s points of claim pursuant to r.16.21 of the Federal Court Rules 2011 (Cth) (the Federal Court Rules). Reliance was placed on the Federal Court Rules on the basis…
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- Case
- [2019] FCCA 1107
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the points of claim, as particularised by Qantas, were so manifestly weak or lacking in substance that they ought to be struck out. This required the Court to consider the adequacy of the factual allegations and the legal basis upon which Qantas sought to resist Ms. Adachi's adverse action claim.
Judge Barnes reasoned that for points of claim to be struck out, they must be demonstrably without any reasonable prospect of success or be an abuse of process. The Court examined the specific allegations made by Qantas, assessing whether they provided sufficient particularity to inform Ms. Adachi of the case she had to meet and whether, if proven, they would constitute a valid defence to the adverse action claim. The Court ultimately found that the points of claim, as pleaded, did not meet the high threshold for striking out and therefore dismissed the application.
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