Rossi v Qantas Airways Limited (No 2)

In Rossi v Qantas Airways Limited (No 2), the Federal Court was asked to decide whether the applicant, Ms Rossi, had a reasonably arguable case against Maurice Blackburn and Mr McCristal, two law firms and a solicitor respectively, for indirect discrimination, bullying, and undue pressure in the context of a workers compensation claim. Ms Rossi also sought leave to sue Qantas Airways for sexual harassment.

The court considered whether Ms Rossi had a reasonably arguable case against the firms and Mr McCristal, and if it would be palpably unjust to grant leave due to the time that had passed since the relevant events. The court concluded that Ms Rossi did not have a reasonably arguable case against either party. The court was not satisfied that the merit of Ms Rossi's case was proportionate to the time and resources likely to be consumed if leave was granted. The court found that it would be difficult or impossible for the respondents to address complex factual questions arising from Ms Rossi's medical conditions in 2008 and events affecting her medical conditions since 2003.

The court also considered the application concerning Qantas. The court decided to adjourn the application pending the determination of Ms Rossi's application to set aside the deed between Ms Rossi and Qantas, executed in October 2008. If that application fails, the application for leave to proceed will be futile.

In conclusion, the court refused leave to make an application alleging unlawful discrimination by Maurice Blackburn and Mr McCristal, and adjourned the application for leave to make an application alleging unlawful discrimination by Qantas pending the determination of Ms Rossi's application to set aside the deed. The court ordered that Ms Rossi pay the costs of the application and listed the application for orders 1(a), (b) and (c) in the originating application for a case management hearing.