PRACTICE AND PROCEDURE – interlocutory application for summary dismissal of proceedings or strike out of the statement of claim – where applicant alleges contraventions of whistleblower protections in the Corporations Act 2001 (Cth) – summary dismissal of parts of the applicant’s claim that are contrary to the statutory bar contained in Part 6-1 of the Fair Work Act 2009 (Cth) in that they make claims in relation to the applicant’s dismissal from employment in circumstances where general protections proceedings have already been commenced in relation to that dismissal – summary dismissal of parts of the applicant’s claim that alleged detrimental conduct was taken by the respondents before he had made the alleged disclosures or proposed disclosures qualifying for protection under Part 9.4AAA of the Corporations Act – balance of statement of claim struck out on basis that that it is defective in form and substance
[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
AGLC
Bilal v Ampol Limited [2025] FCA 1189
Case
[2025] FCA 1189
Decision Date
CaseChat Overview and Summary
In the Federal Court of Australia, Bilal, the applicant, brought proceedings against Ampol Limited and others, alleging contraventions of whistleblower protections under the Corporations Act 2001 (Cth). The respondents applied for summary dismissal of the proceedings or a strike-out of the statement of claim on the basis that certain parts of the applicant's claim were contrary to the statutory bar contained in Part 6-1 of the Fair Work Act 2009 (Cth) and defective in form and substance.
The court had to determine whether parts of the applicant's claim should be summarily dismissed or struck out. Specifically, the court needed to consider if the statutory bar in Part 6-1 of the Fair Work Act prevented the applicant from pursuing certain claims in relation to his dismissal from employment, given that general protections proceedings had already been commenced. Additionally, the court had to assess if claims regarding detrimental conduct by the respondents before the applicant made the alleged disclosures or proposed disclosures qualifying for protection under Part 9.4AAA of the Corporations Act were valid.
The court found that certain parts of the applicant's claim were contrary to the statutory bar in Part 6-1 of the Fair Work Act, and therefore, these parts of the claim were dismissed. The court also determined that claims relating to detrimental conduct before the applicant made the alleged disclosures or proposed disclosures were not valid under Part 9.4AAA of the Corporations Act. Consequently, the balance of the statement of claim was struck out in its entirety. The court ordered the applicant to serve a proposed amended statement of claim and set out a timeline for the respondents to consent or oppose the filing of the proposed amended statement of claim. The matter was listed for a case management hearing.
The court dismissed certain parts of the originating application and the statement of claim, struck out the balance of the statement of claim, and set a timeline for the applicant to serve a proposed amended statement of claim and for the respondents to respond. The matter was listed for a case management hearing.
Orders
Orders of the court
1. Pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth):
(a) prayer 2 of the originating application filed on 20 March 2025 be dismissed together with paragraphs 11 and 12 of the statement of claim filed on 20 March 2025; and
(b) the originating application be dismissed in so far as it involves claims for relief in respect of detriment alleged to have been caused by conduct engaged in by one or more of the respondents by reason of the applicant making a disclosure or proposed disclosure as contemplated within Part 9.4AAA of the Corporations Act 2001 (Cth) where that conduct was engaged in before the relevant disclosure, or proposed disclosure, was made.
2. The statement of claim be struck out in its entirety.
3. The applicant serve a proposed amended statement of claim on the respondents by 4.00 pm on Thursday, 6 November 2025.
4. The respondents convey their consent or opposition to the filing of the proposed amended statement of claim by 4.00 pm on Thursday, 13 November 2025.
5. To the extent the respondents oppose the filing of the proposed amended statement of claim, the applicant is to apply for leave to amend by 4.00 pm on Tuesday, 18 November 2025.
6. To the extent the respondents consent to the filing of the proposed amended statement of claim, the applicant is to be granted leave to file it in the form proposed.
7. The matter be listed for case management hearing at 10.15 am on Thursday, 20 November 2025.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.