Adachi v Qantas Airways Limited - [2019] FCCA 1107

FEDERAL CIRCUIT COURT OF AUSTRALIA

ADACHI v QANTAS AIRWAYS LTD

[2019] FCCA 1107

Catchwords:
PRACTICE AND PROCEDURE – Application to strike out points of claim.

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

Cases cited:

Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 248 CLR 500
Christou v Stantons International Pty Ltd [2010] FCA 1150
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41; (2014) 253 CLR 243
Fair Work Ombudsman v EasternColour Pty Ltd [2011] FCA 803
H 1976 Nominees Pty Ltd v Galli (1979) 40 FLR 242
JC Decaux Pty Ltd v Adshel Street Furniture Pty Ltd [2000] FCA 1118; (2000) 178 ALR 339
Philip Morris Inc v Adam P. Brown Male Fashions Pty Ltd [1981] HCA 7; (1981) 148 CLR 457
Shelton v National Roads and Motorists Association Ltd(NRMA Ltd) [2004] FCA 1393
Sims v RM Capital Pty Ltd [2014] FCCA 2977
Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] FCCA 1107
Decision Date: 30 April 2019

CaseChat Overview and Summary

In *Adachi v Qantas Airways Limited*, the applicant, Ms. Adachi, brought an application before Judge Barnes of the Federal Court of Australia seeking to strike out certain points of claim filed by the respondent, Qantas Airways Limited. The dispute concerned an adverse action claim initiated by Ms. Adachi against Qantas.

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.

Orders