FEDERAL COURT OF AUSTRALIA
Cannan v The Reject Shop Ltd (No 2) [2025] FCA 879
File number: VID 246 of 2023 Judgment of: SNADEN J Date of judgment: 1 August 2025 Catchwords: REPRESENTATIVE PROCEEDINGS – interlocutory application for leave to file an amended originating application and statement of claim – application to amend expands group member definition and includes new claims for relief – amended group member definition and new claims proposed to be related back to commencement of proceeding – amendment and relation back sought in circumstances of apparent mistake by applicant’s legal representatives in defining group members – fact of mistake accepted – consideration of discretionary factors including delay, character of mistake and prejudice to parties – leave granted for amendments to originating application and pleading – no relating of claims back to commencement of action – amendments to take effect from the date of application Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 62, 535, 544, 570
Federal Court of Australia Act1976 (Cth) ss 33K, 33V, 33ZF
General Retail Industry Award 2010
General Retail Industry Award 2020
The Reject Shop Agreement 2011
The Reject Shop Agreement 2014
Cases cited: Bray v F Hoffman-La Roche Ltd [2003] FCA 1505
Cannan v The Reject Shop Ltd [2024] FCA 1429
Ethicon Sàrl v Gill (2018) 264 FCR 394
Division: Fair Work Division Registry: Victoria National Practice Area: Employment and Industrial Relations Number of paragraphs: 50 Date of hearing: 25 July 2025 Solicitor for the Applicant: Mr R Markham of Adero Law Counsel for the Respondent: Mr M Follett KC with Mr M Garozzo Solicitor for the Respondent: Clayton Utz ORDERS
VID 246 of 2023 BETWEEN: BRADLEY CANNAN
Applicant
AND: THE REJECT SHOP LIMITED ACN 006 122 676
Respondent
ORDER MADE BY:
SNADEN J
DATE OF ORDER:
1 AUGUST 2025
THE COURT ORDERS THAT:
1.The applicant has leave to file an amended originating application and an amended statement of claim in substantially the forms of the draft documents annexed to the affidavit of Rory Markham dated 13 June 2025.
2.The amended originating application and the amended statement of claim take effect on and from 16 June 2025.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
SNADEN J:
By an interlocutory application dated 16 June 2025, the applicant, Mr Cannan, seeks leave to file an amended originating application and amended statement of claim. The amendments themselves are uncontroversial and it is agreed that leave should issue at least substantially in the forms that Mr Cannan requests. At issue presently is whether the court should grant associated relief in the form of what are sometimes known as “relation back orders”. The application is supported by two affidavits affirmed by Mr Cannan’s solicitor, Mr Rory Markham, which exhibit the documents in their proposed amended forms and supply other context to the application.
The…
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- Case
- [2025] FCA 879
- Decision Date
CaseChat Overview and Summary
The court considered various discretionary factors in deciding whether to grant leave for the amendments. These factors included the delay in making the application, the nature of the mistake made by Cannan’s legal representatives, and the potential prejudice to The Reject Shop Ltd if the amendments were allowed. Despite the apparent mistake, the court found that the amendments were necessary to correct the definition of the group members accurately. The court ultimately granted leave for the amendments to the originating application and pleading, though it decided that the claims would not be related back to the commencement of the action. Instead, the amendments would take effect from the date of the application.
In summary, the court allowed Cannan to file amended documents defining the group members correctly and adding new claims for relief. However, these amendments would not apply retroactively to the start of the proceedings. Instead, they would come into effect from the date of the application, ensuring that the changes were implemented without unfairly prejudicing The Reject Shop Ltd.
Orders
Orders of the court
1. The applicant has leave to file an amended originating application and an amended statement of claim in substantially the forms of the draft documents annexed to the affidavit of Rory Markham dated 13 June 2025.
2. The amended originating application and the amended statement of claim take effect on and from 16 June 2025.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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