FEDERAL COURT OF AUSTRALIA
Hanson v Burston (No 3) [2025] FCA 761
File number(s): NSD 1210 of 2020 Judgment of: YOUNAN J Date of judgment: 11 July 2025 Catchwords: PRACTICE AND PROCEDURE – application to amend points of claim under r 16.53 of the Federal Court Rules 2011 (Cth) to provide further particulars of an existing claim – where proposed amendment introduces a claim for issue estoppel – whether issue estoppel should be specifically pleaded – distinction between pleadings and particulars – where proposed amendments are not futile and no prejudice to opposing party is established – application granted
PRACTICE AND PROCEDURE – application under r 30.25 of the Federal Court Rules 2011 (Cth) to admit transcript evidence taken in another proceeding – where potential witness is reluctant to provide oral evidence – where relevance and utility of proposed evidence not established – application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46P, 46PO
Federal Court of Australia Act1976 (Cth) s 23
Parliamentary Privileges Act 1987 (Cth) s 16
Sex Discrimination Act 1984 (Cth) s 94
Federal Court Rules 2011 (Cth) rr 16.02, 16.41, 16.53, 30.25
Cases cited: Blair v Curran (1939) 62 CLR 464
Burston v Hanson [2022] FCA 1235
Caason Investments Pty Ltd v Cao [2015] FCAFC 94; (2015) 236 FCR 322
Dare v Pullham (1982) 148 CLR 658
Effem Foods Pty Ltd v Trawl Industries of Australia Pty Ltd (in liq) (1993) 43 FCR 510
Feltham v St Vincent’s Public Hospital [1993] NSWCA 95 at 17
Hanson v Burston [2022] FCA 1235
Hanson v Burston [2023] FCAFC 124
Hanson-Young v Leyonhjelm [2018] FCA 1688
Laws Holdings Pty Ltd v Short (1972) 46 ALJR 563
Medich v Bentley-Smythe Pty Ltd [2010] FCA 494
Plaintiff P1/2023 v Ruddock [2007] FCA 65; (2007) 157 FCR 518
Queensland v Pioneer Concrete (Qld) Pty Ltd [1999] FCA 499
Re Sterling; Ex parte EssandaLtd [1980] FCA 75; (1980) 30 ALR 77
Research in Motion Ltd v Samsung Electronics Australia Pty Ltd [2009] FCA 320; (2009) 176 FCR 66
Sadiqi v Commonwealth (No 2) [2009] FCA 1117; (2009) 181 FCR 1
Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; (2016) 332 ALR 199
Telnet Pty Limited v Takapana Investments Pty Limited (1994) 51 FCR 520
Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960
Voxson Pty Ltd v Telstra Corporation Limited (No 7) [2017] FCA 267; (2017) 343 ALR 681
J D Heydon, Cross on Evidence (14th ed, LexisNexis Butterworths, 2024) Division: General Division Registry: New South Wales National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 78 Date of hearing: 23 June 2025 Counsel for the Applicant: Mr P Moorehouse with Ms R Kumar Solicitor for the Applicant: Harmers Workplace Lawyers Counsel for the Respondent:
Continue reading Hanson v Burston (No 3)
Sign in free to access the full text
- AGLC
- Hanson v Burston (No 3) [2025] FCA 761
- Case
- [2025] FCA 761
- Decision Date
CaseChat Overview and Summary
The court found that the proposed amendments were not futile and did not establish prejudice to the opposing party. The court held that the distinction between pleadings and particulars was relevant, but in this case, the proposed amendments were essentially further particulars of the existing claim. The court also noted that while the particular issues of estoppel were not specifically pleaded, they were sufficiently identified in the submissions. The court granted the application to amend the points of claim. Regarding the evidence application, the court found that the applicant had not established the relevance and utility of the proposed evidence and that the potential witness had not been shown to be reluctant to give oral evidence. Therefore, the court dismissed the application to admit the evidence from the previous proceeding. The court reserved costs pending further orders.
In summary, the court granted the application to amend the points of claim to introduce issue estoppel as further particulars of the existing claim. The application to admit evidence from a previous proceeding was dismissed due to the lack of established relevance and utility of the evidence. Costs were reserved pending further orders.
Orders
Orders of the court
1. The applicant be granted leave to file and serve the Second Further Amended Points of Claim in the form annexed hereto.
2. The applicant’s interlocutory application seeking leave to read the oral evidence of Terrie-Lea Vairy taken in proceeding NSD 652 of 2020, pursuant to r 30.25 of the Federal Court Rules 2011 (Cth), be dismissed.
3. Costs be reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.