Kearney v Accrue Property Pty Ltd

Kearney v Accrue Property Pty Ltd concerned an application before Her Honour Judge C.E Kirton QC in the Federal Circuit and Family Court of Australia. The applicant, Kearney, sought leave to file a second further amended statement of claim, production of certain documents from the respondents, and amendments to existing timetabling orders. The dispute arose from an employment relationship between the parties.

The court was required to determine whether to grant the applicant leave to file a second further amended statement of claim, whether to order the production of the documents sought by the applicant, and whether to amend the timetabling orders. The respondents' position on these applications was not detailed in the provided text, beyond the implication that the second respondent might have grounds to claim privilege against self-exposure to penalty.

The court granted leave for the applicant to file a second further amended statement of claim and granted the application for the production of documents. The court also accepted the proposed amendments to the timetabling orders. The specific reasoning for these decisions, beyond the fact that they were granted, is not elaborated upon in the provided text.

The orders made by the court included a condition that should the Second Respondent waive his privilege against self-exposure to penalty, he must file and serve a Third Further Amended Defence, any affidavit and other material on which he intends to rely, and an outline of submissions within seven days of the conclusion of the Applicant’s case. Liberty to apply was granted, and the parties’ costs of and incidental to the Application in a Case were reserved, with the Application in a Case otherwise dismissed.