Daw v QR Limited

Daw commenced proceedings against QR Limited, seeking to amend their complaint to include claims of victimisation, impairment and to add other respondents. The Federal Circuit and Family Court of Australia was tasked with determining whether the proposed amendments could be made to the complaint. The court identified that the original complaint had failed the threshold test and was found to be outside the jurisdiction of the Anti-Discrimination Commission. Additionally, the matters were not accepted by the Commission and were not referred to the tribunal, with the further matters constituting fresh complaints.

The court considered the nature of the proposed amendments and the effect on the proceedings. It was determined that the amendments sought were not permissible as they constituted new claims that were not part of the original complaint. The court held that the amendments would significantly alter the scope of the complaint and would effectively allow the plaintiff to pursue a new claim rather than amending the existing one. The court also noted that the amendments sought to add additional respondents, which would further expand the scope of the complaint beyond what was originally lodged.

As a result, the court dismissed the application to amend the complaint. The court found that the proposed amendments would not be allowed as they did not fall within the permissible scope of amendments and would result in the pursuit of new claims. The court emphasised the importance of maintaining the integrity of the complaint process and ensuring that amendments do not significantly alter the nature of the proceedings. The application to amend the complaint was dismissed, and the original complaint remains as lodged.