FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hugo v Affinity Education Group Pty Ltd [2025] FedCFamC2G 1536
File number(s): DNG 1 of 2025 Judgment of: JUDGE LIVERIS Date of judgment: 18 September 2025 Catchwords: INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application to strike out evidence of communications and documents made or prepared in connection with an attempt to negotiate a settlement of the dispute – whether any exceptions apply – whether the evidence and documents are admissible – application allowed – orders made striking the material out – orders made prohibiting inspection of the evidence and documents by any non-party
INDUSTRIAL LAW – PRACTICE AND PROCEDURE – application for security for costs – application of s 570 of the Fair Work Act 2009 (Cth) - whether the applicant’s unreasonable act or omission caused the other party to incur the costs – where the applicant is self-represented – application dismissed
Legislation: Evidence Act 1995 (Cth) s 131
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 134, 169, 190, 191, 230, 231
Fair Work Act 2009 (Cth) s 340, 368, 570
Defamation Act 2006 (NT)
Cases cited: Bahonko v Sterjov [2008] FCAFC 30
Finch v The Heat Group [2024] FedCFamC2G 161
Hutchinson v Comcare (No 2) [2017] FCA 370
Khoury v Macquarie Air Pty Ltd [2023] FedCFamC2G 992
Meshram v Bing Lee Electrics Pty Ltd (Costs) [2024] FedCFamC2F 543
Division: Division 2 General Federal Law Date of hearing: 8 August 2025 Place: Darwin Counsel for the Applicant: The Applicant appearing in person Counsel for the Respondent: Ms Mendelson Solicitor for the Respondent: Herbert Smith Freehills Kramer ORDERS
DNG 1 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: JOHANNA HUGO
Applicant
AND: AFFINITY EDUCATION GROUP PTY LTD
Respondent
ORDER MADE BY:
JUDGE LIVERIS
DATE OF ORDER:
18 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.Paragraphs 1(d) and 1(e) of Attachment X and Attachments Y and Z of the Applicant's Reply filed on 12 March 2025 be struck out.
2.Paragraphs 1(d) and 1(e) of Attachment X and Attachments Y and Z of the Applicant's Reply filed on 12 March 2025 not be available for inspection by any non-party.
3.The application in a proceeding filed by the Respondent on 9 June 2025 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).
REASONS FOR JUDGMENT
JUDGE LIVERIS
Johanna Hugo started employment with Affinity Education Group Pty Ltd on 11 June 2024. She was employed as a Lead Educator,…
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- Case
- [2025] FedCFamC2G 1536
- Decision Date
CaseChat Overview and Summary
The court examined whether the communications or documents in question were marked as not being confidential or if they contradicted or qualified other evidence that had been admitted. Ms Hugo argued that the purpose of the attachments was not for use as admissions of guilt but rather to address inconsistencies she perceived. The court, however, found her arguments unpersuasive. The court's reasoning hinged on the objective of the legislation to enable parties to speak freely about all issues in a dispute when seeking compromise, and it determined that the evidence in question did not fall within the exceptions provided.
The court allowed the application to strike out the evidence and documents, making orders to prohibit inspection of the evidence and documents by any non-party. Furthermore, the court dismissed the application for security for costs, finding no basis to apply section 570 of the Fair Work Act in the circumstances presented. The court's final orders were to strike out the specified material and to prohibit any non-party from inspecting it.
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