Braun v St Vincent's Private Hospital Northside Ltd

The case of Braun v St Vincent's Private Hospital Northside Ltd involves Dr Braun, who is an upper gastrointestinal surgeon, and six respondents including St Vincent’s Private Hospital Northside Ltd, several individual surgeons, Metro North Hospital and Health Service, and a surgeon, all of whom worked at Holy Spirit Northside Hospital. Dr Braun filed a Further Amended Statement of Claim alleging breaches of the Fair Work Act 2009, the Corporations Act 2001, breach of contract, and conspiracy. The proposed Amended Originating Application seeks to add claims under the Industrial Relations Act 2016, the Anti-Discrimination Act 1991, and the Public Interest Disclosure Act 2010. The respondents argued that the proposed amendments would be futile because the Federal Court does not have jurisdiction over the State-based claims, which are exclusively conferred on the Queensland Industrial Relations Commission. The court was required to decide whether the proposed amendments would be futile, and if so, why.

The court held that the Federal Court does have jurisdiction to hear claims arising under State laws, as provided by s 39B(1A) of the Judiciary Act. The court noted that s 79(1) of the Judiciary Act requires the laws of each State to be binding on all courts exercising federal jurisdiction in that State. The court found that the proposed amendments would not be futile as they raised reasonable causes of action and were not liable to be struck out. The court allowed Dr Braun leave to amend his Originating Application and Further Amended Statement of Claim to include the proposed allegations under the State Acts and to make claims for relief under s 314 of the IR Act and s 209 of the AD Act.

The court ordered that Dr Braun have leave to amend the Originating Application and Further Amended Statement of Claim to allege contraventions of ss 285 and 287 of the Industrial Relations Act 2016, ss 15 and 129 of the Anti-Discrimination Act 1991, and s 40 of the Public Interest Disclosure Act 2010, and to make claims for relief under s 314 of the IR Act and s 209 of the AD Act. The court reserved the costs of the application for leave to amend, and required the amended application and pleading to be filed and served within 14 days.