Informax International Pty Ltd v Clarius Group Limited (No 2)

The case of Informax International Pty Ltd v Clarius Group Limited (No 2) involved an appeal by the appellants, Informax International Pty Ltd and others, against the decision of the primary judge. The appellants sought leave to amend their notice of motion to include additional relief under the Independent Contractors Act 2006 (Cth). The respondent, Clarius Group Limited, opposed the application. The legal issues before the court included whether the court on appeal had the power to grant leave to amend and whether it would have the power to make the orders sought by the appellants. The court also considered relevant discretionary matters such as the interests of justice and potential prejudice to both parties.

The court held that the appellants' application for leave to amend the notice of motion should be allowed. The appeal was allowed, and the notice of motion was remitted to the primary judge for hearing and determination in accordance with the court's reasons and otherwise in accordance with law. The respondent's cross-appeal was dismissed. The court found that orders under section 16(4) of the Independent Contractors Act 2006 (Cth) may only be prospective in operation but could be made with future effect in respect of past matters or events or which varied a contract which had a remedial scope dating back to the contract's formation but an operative effect from the date of the court's order.

The final orders of the court included granting the appellants leave to further amend their notice of motion by adding an additional prayer for relief in the Second Further Amended Application that accompanied the notice of motion. The appeal was allowed, and the first order made by the primary judge on 29 March 2011 and the second and third orders made by the primary judge on 18 October 2011 were set aside. The appellants' notice of motion dated 21 April 2011, as amended, was remitted to the primary judge for hearing and determination in accordance with the reasons of this Court and otherwise in accordance with law. There was no order as to the costs of the appeal or the cross-appeal.