Spinks v Co-Operative Bulk Handling Ltd

In the Federal Circuit Court of Australia, the applicant, Spinks, brought proceedings against the respondent, Co-Operative Bulk Handling Ltd. The core of the dispute, as revealed by the court's orders, concerned the respondent's application for leave to amend its Defence.

The primary legal issue before Judge Lucev was whether to grant the respondent leave to amend its Defence, filed on 14 February 2020. This involved considering the factors relevant to such an application under the Federal Circuit Court Rules 2001 (Cth), specifically rule 7.01.

Judge Lucev granted the respondent leave to amend its Defence. The amendment was to be in the substantive form of a Minute of Proposed Substituted Defence filed on 18 December 2020, and further amended in a minute provided on 12 February 2021. The court also varied a previous order, vacating the requirement for the parties to file a statement of agreed facts and instead directing them to file a list of documents to be tendered by consent. The respondent was ordered to file and serve the amended Defence by 4.00 pm on 12 February 2021, with the applicant to file and serve any reply by 19 February 2021. A list of documents for consent tender was to be filed by 26 February 2021. There were no orders as to costs.