Ng v Yanjian Group (Australia) Pty Limited

In *Ng v Yanjian Group (Australia) Pty Limited*, the applicant, Marcus Ng, and the respondent, Yanjian Group (Australia) Pty Limited, were parties to proceedings before the Federal Circuit Court of Australia. The dispute arose from the termination of Mr Ng's employment and involved two separate legal actions concerning the same parties and their employment relationship. Mr Ng sought to litigate claims under the *Fair Work Act 2009* (Cth) in the Federal Circuit Court, while simultaneously pursuing common law contractual claims in the Supreme Court of Queensland.

The court was required to determine the appropriate forum for the resolution of Mr Ng's claims, given the existence of parallel proceedings in different jurisdictions. Specifically, the court considered how to manage the two inextricably related sets of claims, one concerning statutory rights under the *Fair Work Act* and the other concerning alleged common law contractual entitlements, including a significant claim for a share of project profits. The court also had to address the applicant's request to amend his Federal Circuit Court proceedings to incorporate claims from the Supreme Court action.

Judge Burnett reasoned that the tactical decision to pursue litigation in separate forums without a comprehensive strategic overview had created difficulties. The court acknowledged the applicant's desire to litigate his statutory and common law claims separately but recognised the inherent connection between them. The court's approach was to facilitate the consolidation of these related claims, either by allowing the applicant to amend his Federal Circuit Court claim to include the Supreme Court claims or by requiring an application for cross-vesting of the Supreme Court proceeding to the Federal Court.

The court ordered that the applicant be granted leave to amend his proceedings to incorporate the claims made in the Supreme Court of Queensland. The applicant was directed to file an amended claim and statement of claim by a specified date, or alternatively, to make an application for cross-vesting of the Supreme Court proceeding to the Federal Court. Upon the applicant taking either of these steps, the Federal Circuit Court proceedings were to be transferred to the Federal Court of Australia. In default of the applicant complying with these orders, the proceedings were to be stayed pending the outcome of the Supreme Court action. The costs of an interim application were reserved.