Hurst v Star City Pty Ltd

Hurst brought an action against Star City Pty Ltd for dismissal. Hurst alleged that they were dismissed because of their transgender identity. The matter was before the court on an application to dismiss the complaint. The court was required to decide whether the complaint should be dismissed and whether leave should be granted to amend the complaint. The court found that the complaint did not disclose a cause of action for unfair dismissal. However, the court found that the definition of transgender in the complaint was not sufficiently precise to allow the court to assess the merits of the case. The court found that the proposed amendment was not necessary to give the defendant a fair opportunity to respond to the allegations. The application to dismiss the complaint was refused and leave to amend the complaint was refused. The matter was listed for a case conference on 13 May 2009 at noon.