Hutchinson v Comcare

FEDERAL COURT OF AUSTRALIA

Hutchinson v Comcare [2017] FCA 1145

File number:

WAD 404 of 2016

Judge:

BROMBERG J

Date of judgment:

13 September 2017

Catchwords:

PRACTICE AND PROCEDURE – application for interlocutory relief: compensation for reprisals made under the Public Interest Disclosure Act 2013 (Cth) – where reprisals said to comprise late payment of reimbursements for medical expenses – whether a prima facie case is made out – no connection established between late payments and putative public interest disclosures – application dismissed

Legislation:

Federal Court of Australia Act 1976 (Cth) s 23

Public Interest Disclosure Act 2013 (Cth) ss 13, 14, 15

Safety, Rehabilitation and Compensation Act 1988 (Cth)

Date of hearing:

13 September 2017

Registry:

Western Australia

Division:

Fair Work Division

National Practice Area:

Employment & Industrial Relations

Category:

Catchwords

Number of paragraphs:

18

Counsel for the Applicant:

The applicant is self-represented and appeared by telephone

Counsel for the Respondent:

Ms R Sweet

Solicitor for the Respondent:

Norton Rose Fulbright

ORDERS

WAD 404 of 2016

BETWEEN:

KAREN HUTCHINSON

Applicant

AND:

COMCARE

Respondent

JUDGE:	BROMBERG J
DATE OF ORDER:	13 SEPTEMBER 2017

THE COURT ORDERS THAT:

1.The applicant’s interlocutory application filed 5 May 2017 is dismissed.

2.The applicant pay the respondent’s costs of that application.

3.On or before 25 October 2017 the applicant file and serve:

(i)A document indicating the affidavits already filed in the proceeding on which she intends to rely at trial.

(ii)Any further affidavits on which she intends to rely at trial.

(iii)Written submissions in support of the claims made which particularise the evidence relied upon for each of those claims.

4.The proceeding be referred to mediation before a Registrar of the Court on a date to be fixed on or after 30 October 2017 and before 17 November 2017.

5.On or before 14 February 2018 the respondent file and serve

(i)A document indicating the affidavits already filed in the proceeding on which it intends to rely at trial.

(ii)Any further affidavits on which it intends to rely at trial.

(iii)Written submissions responding to the claims made by the applicant, including by particularising the evidence relied upon in response to each claim.

6.On or before 14 March 2018 the applicant file and serve any affidavits in reply upon which she intends to rely together with any written submissions in reply.

7.The affidavits and written submissions filed and relied upon by the parties shall stand as the pleadings.

8.The proceeding be listed for a pre-trial conference at 9.30am on 28 March 2018.

9.The proceeding be listed for trial on an estimate of 7 days on a date to be fixed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BROMBERG J:

1. In her originating application, the applicant, Karen Hutchinson (“Ms Hutchinson”), seeks various forms of relief, including relief pursuant to s 14 of the Public Interest Disclosure Act 2013 (Cth) (“PID Act”). Section 14 of the PID Act permits the Court if…