Creek v Cairns Post Pty Ltd - [2001] FCA 293

FEDERAL COURT OF AUSTRALIA
Creek v Cairns Post Pty Ltd [2001] FCA 293
PATRICIA DONNA CREEK v CAIRNS POST PTY LTD
Q 4 of 2001
KIEFEL J
BRISBANE
19 MARCH 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 4 OF 2001

BETWEEN:

PATRICIA DONNA CREEK
APPLICANT

AND:

CAIRNS POST PTY LTD
RESPONDENT

JUDGE:

KIEFEL J

DATE OF ORDER:

19 MARCH 2001

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:
1.The applicant be granted an extension of time to 10 January 2001 within which to bring this application.
2.The costs of the extension of time application be reserved.
THE COURT DIRECTS THAT:
3.The respondent file and serve a request for further and better particulars of the application on or before 26 March 2001.
4.The applicant file and serve answers to the request for further and better particulars by 2 April 2001.
5.The applicant provide a list of documents relating to her employment history by 9 April 2001.
6.The respondent file and serve a defence and accompanying affidavit on or before 23 April 2001.
7. The applicant file and serve a reply on or before 30 April 2001.
8.The applicant file and serve any further affidavit material constituting the evidence in-chief of witnesses to be called by the applicant on or before 14 May 2001.
9.The respondent file and serve any further affidavit material constituting the evidence in-chief of witnesses to be called by the respondent on or before 28 May 2001.
10.The applicant file and serve any affidavits in reply by 4 June 2001.
11.The applicant file and serve her outline of submissions by 2 July 2001.
12. The respondent file and serve its outline of submissions by 5 July 2001.
13.The matter be set down for trial on Monday 9 July 2001 at 10.15 am for half a day.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 4 OF 2001

BETWEEN:

PATRICIA DONNA CREEK
APPLICANT

AND:

CAIRNS POST PTY LTD
RESPONDENT

JUDGE:

KIEFEL J

DATE:

19 MARCH 2001

PLACE:

BRISBANE

REASONS FOR JUDGMENT
EX TEMPORE

On 30 July 1997 the article and the photographs about which the complainant complains were published. Defamation proceedings were filed on 21 July in the following year. Although they have not been proceeded with they would appear to be still on foot. They are now subject to a procedural requirement for leave to continue with them. A complaint was also filed with Human Rights and Equal Opportunity Commission in early 1999, as best I can estimate. An extension of time was allowed by the Commission subsequent to the complaint being filed.
It seems to me that the focus of the present application for an extension of time for the filing of the application in this Court is the period following the automatic termination of the matter in the Commission. That date was 13 April 2000. The applicant then had until 11 May 2000 to bring…

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: [2001] FCA 293
Decision Date: 19 MARCH 2001

CaseChat Overview and Summary

Creek, the applicant, filed an application against Cairns Post Pty Ltd, the respondent, in the Federal Circuit Court. The central dispute revolves around allegations of unfair dismissal and related claims, including claims for general damages and unpaid wages. The Federal Circuit Court was tasked with determining whether Creek was unfairly dismissed and whether the respondent was liable for the claims made. The court also needed to address procedural matters, such as the sufficiency of the particulars provided and the scheduling of evidence and submissions.

The primary legal issues before the court were the validity of the dismissal and the procedural requirements for the application. The court considered whether the applicant's particulars were sufficiently detailed to warrant the court's consideration of the substantive claims. Additionally, the court needed to establish an appropriate timeline for the exchange of documents and evidence, as well as set a date for the trial.

In its ruling, the court granted the applicant an extension of time to bring the application, noting that the costs of this extension were reserved for later determination. The court also issued a series of directions concerning the procedural steps to be followed by both parties. These included requests for further and better particulars, the exchange of witness statements, and the scheduling of the trial. The court meticulously outlined the timeline for each step, ensuring that both parties were aware of their obligations and deadlines.

The court's final orders included specific dates for filing various documents and responses, as well as setting the date and time for the trial. This structured approach aimed to ensure that the application was dealt with efficiently and that both parties had the opportunity to present their cases adequately.

Orders

Orders of the court

1. The applicant be granted an extension of time to 10 January 2001 within which to bring this application.

2. The costs of the extension of time application be reserved.

THE COURT DIRECTS THAT:

3. The respondent file and serve a request for further and better particulars of the application on or before 26 March 2001.

4. The applicant file and serve answers to the request for further and better particulars by 2 April 2001.

5. The applicant provide a list of documents relating to her employment history by 9 April 2001.

6. The respondent file and serve a defence and accompanying affidavit on or before 23 April 2001.

7. The applicant file and serve a reply on or before 30 April 2001.

8. The applicant file and serve any further affidavit material constituting the evidence in-chief of witnesses to be called by the applicant on or before 14 May 2001.

9. The respondent file and serve any further affidavit material constituting the evidence in-chief of witnesses to be called by the respondent on or before 28 May 2001.

10. The applicant file and serve any affidavits in reply by 4 June 2001.

11. The applicant file and serve her outline of submissions by 2 July 2001.

12. The respondent file and serve its outline of submissions by 5 July 2001.

13. The matter be set down for trial on Monday 9 July 2001 at 10.15 am for half a day.

Note:

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

KIEFEL J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: KIEFEL J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 4 OF 2001

BETWEEN:	PATRICIA DONNA CREEK APPLICANT
AND:	CAIRNS POST PTY LTD RESPONDENT
JUDGE:	KIEFEL J
DATE OF ORDER:	19 MARCH 2001
WHERE MADE:	BRISBANE

JUDGE:	KIEFEL J
DATE:	19 MARCH 2001
PLACE:	BRISBANE