RSA Express Pty Ltd v Guilfoyle

Case [2020] FCA 1157


FEDERAL COURT OF AUSTRALIA

RSA Express Pty Ltd v Guilfoyle [2020] FCA 1157

File number: QUD 401 of 2019
Judgment of: GREENWOOD J
Date of judgment: 12 August 2020
Catchwords: CONSTITUTIONAL LAW – consideration of an application to dismiss paragraphs of an amended Statement of Claim which seek to plead relief based upon facts said to give rise to a claim of invalidity arising by operation of s 109 of the Constitution – consideration of a claim said to arise under s 117 of the Constitution – consideration of a claim said to arise under s 46(1)(a) of the Competition and Consumer Act 2010 (Cth)
Legislation:

Competition and Consumer Act 2010 (Cth), ss 2B, 46(1)(a), 80, 82

Competition Policy Reform (Queensland) Act 1996 (Qld), ss 3‑6, 8, 10, 13, 14

National Vocational Education and Training Regulator Act 2011 (Cth), ss 3‑6, 9, 11, 21‑29, 32‑34, 43, 44, 47, 48, 55, 56

Commonwealth Constitution, ss 51(i), (xix), (xx), (xxxvii); 92, 109, 117

National Vocational Education and Training Regulator (Consequential Amendments) Act 2011 (Cth)

National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cth)

Vocational Education and Training (Commonwealth Powers) Act 2012 (Qld)

Work Health and Safety Act 2011 (Qld), ss 3, 152‑154, 230‑267, 276; Schedule 2, ss 25‑27, 44, 48; Schedule 5, s 4

Work Health and Safety Act and Other Legislation Amendment Act 2017 (Qld)

Work Health and Safety Regulation 2011 (Qld), ss 289, 291, 298, 299, 316‑327; Schedule 19, s 5

Communiqués arising out of meetings of the Council of Australian Governments:  7 December 2009 (Brisbane); 13 February 2011 (Canberra); and 19 August 2011 (Canberra)

CPCCWHS1001 Prepare to Work Safely in the Construction Industry

Cases cited:

Ansett Transport Industries (Operations) Pty Ltd v Wardley (1980) 142 CLR 237

APLA Limited v Legal Services Commissioner (NSW) (2005) 224 CLR 322

Henry v Boehm (1973) 128 CLR 482

Momcilovic v The Queen (2011) 245 CLR 1

New South Wales v The Commonwealth and Carlton (1983) 151 CLR 302

Street v Queensland Bar Association (1989) 168 CLR 461

Victoria v Commonwealth (1937) 58 CLR 618

Work Health Authority v Outback Ballooning Pty Ltd (2019) 93 ALJR 212

Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 151
Date of last submission/s: 12 November 2019
Date of hearing: 12 November 2019
Counsel for the Applicant: D A Savage QC and S R Grant
Solicitor for the Applicant: Priority Business Lawyers
Counsel for the Respondents: S J Keim SC and K Blore
Solicitor for the Respondents: Crown Law

ORDERS

QUD 401 of 2019
BETWEEN:

RSA EXPRESS PTY LTD

Applicant

AND:

AARON GUILFOYLE, WORK HEALTH AND SAFETY PROSECUTOR

First Respondent

STATE OF QUEENSLAND

Second Respondent

ORDER MADE BY:

GREENWOOD J

DATE OF ORDER:

12 AUGUST 2020

THE COURT ORDERS THAT:

1.Paragraphs 8(a) and 17‑29 of the Amended Statement of Claim filed on 1 October 2019 are struck out. 

2.The applicant in the principal proceeding is given leave to file a Further Amended Statement of…

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AGLC
RSA Express Pty Ltd v Guilfoyle [2020] FCA 1157
Case
[2020] FCA 1157
Decision Date

CaseChat Overview and Summary

RSA Express Pty Ltd brought proceedings against Aaron Guilfoyle, a Work Health and Safety Prosecutor, and other respondents. The dispute centred on the validity of certain legal claims in an amended statement of claim, including claims under the Constitution and the Competition and Consumer Act 2010 (Cth). The court was asked to determine whether these claims should be dismissed. The Federal Court of Australia was tasked with considering an application to strike out specific paragraphs of the amended statement of claim.

The central legal issues involved the validity of claims under sections 109, 117 of the Constitution, and section 46(1)(a) of the Competition and Consumer Act 2010 (Cth). The court needed to decide if the claims were justiciable and whether they were supported by the facts alleged. It was also necessary to consider whether the claims were properly pleaded and if they had a real prospect of success.

The court found that paragraphs 8(a) and 17-29 of the amended statement of claim did not adequately plead a claim of invalidity under section 109 of the Constitution. The claims under section 117 of the Constitution and section 46(1)(a) of the Competition and Consumer Act 2010 (Cth) were also dismissed as they were not supported by the facts or the law. Consequently, the court struck out these paragraphs and dismissed the proceedings against the first respondent, Aaron Guilfoyle. Additionally, the applicant was ordered to pay the costs of the respondents in relation to the interlocutory application.

The final orders of the court included the striking out of specific paragraphs of the amended statement of claim, the dismissal of proceedings against Aaron Guilfoyle, and an order for the applicant to pay costs. The applicant was granted leave to file a further amended statement of claim within 21 days. The entry of these orders was governed by Rule 39.32 of the Federal Court Rules 2011.

Orders

Orders of the court

1. Paragraphs 8(a) and 17‑29 of the Amended Statement of Claim filed on 1 October 2019 are struck out.

2. The applicant in the principal proceeding is given leave to file a Further Amended Statement of Claim (if any) within 21 days.

3. The proceedings as against the first respondent, Aaron Guilfoyle, Work Health and Safety Prosecutor, is dismissed.

4. The applicant in the principal proceeding pay the costs of the first and second respondents in the principal proceeding of and incidental to the interlocutory application of the respondents to the principal proceeding filed on 17 October 2019.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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