Wylie v McCann Worldgroup Pty Ltd

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FEDERAL MAGISTRATES COURT OF AUSTRALIA

WYLIE v McCANN WORLDGROUP PTY LTD & ORS [2009] FMCA 959

HUMAN RIGHTS – Sex Discrimination Act 1984 – interim application.

PRACTICE & PROCEDURE – Whether Court has power to “dismiss” parts of points of claim under rule 13.10 of the Federal Magistrates Court Rules – application of Order 11 rule 16 of the Federal Court Rules to points of claim – whether amendment of points of claim is appropriate where pleadings at a high level of generality.

Federal Magistrates Act 1999 (Cth), ss.42, 50
Human Rights and Equal Opportunity Commission (now the Australian Human Rights Commission) Act 1986 (Cth), ss.3, 46PO
Sex Discrimination Act 1984 (Cth), ss.4A, 5, 7, 7A, 7B, 7C 7D, 14, 52, 94, 105, 106

Federal Magistrates Court Rules, rr.1.05, 13.10
Federal Court Rules, O.11 r.2, O.11 r.16

Bartlett v Swan Television & Radio Broadcasters Pty Ltd [1995] ATPR 40,883 (41-434)
Beach Petroleum NL and Another v Johnson and Others (1991) 105 ALR 456
Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191; [1979] FCA 80
Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees' Association of Western Australia (1987) 13 FCR 413
Coe v Commonwealth of Australia & Anor (1979) 53 ALJR 403; [1979] HCA 68
Council for the City of the Gold Coast v Pioneer Concrete (Qld) Pty Ltd and Others (1998) 157 ALR 135
Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955
Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70
Dart v Norwich Union Life Australia Limited [2002] FCA 168
Davidson v McCann Worldgroup Pty Ltd & Ors [2009] FMCA 957
Davis v Commonwealth (1986) 61 ALJR 32; [1986] HCA 66
Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1
General Steel Industries Inc. v Commissioner of Railways (N.S.W.) and Others (1964) 112 CLR 125; [1964] HCA 69
Imobilari Pty Ltd (ACN 091 464 729) v Opes Prime Stockbroking Ltd (in liq) (recs and mgrs apptd) (ACN 086 294 028) and Others (2008) 252 ALR 41; [2008] FCA 1920
Interpharma Pty Ltd v Commissioner of Patents (2008) 78 IPR 51
Ives & Ors v Kilvington Girls Grammar Ltd & Anor [2008] FMCA 1414
Kernel Holdings Pty Ltd v Rothmans Of Pall Mall (Australia) Pty Ltd (1991) 217 ALR 171
Lee v Smith & Ors [2007] FMCA 59
Liberty USA Pty Ltd v Telstra Corporation Limited and Telecom Technologies Pty Ltd [1994] FCA 1284
Minister for Immigration and Citizenship v SZIAI [2009] HCA 39
Multigroup Distribution Services Pty Limited v TNT Australia Pty Limited [1996] FCA 1758
Murex Diagnostics Australia Pty Limited v Chiron Corporation and Another (1995) 55 FCR 194; [1995] FCA 1040
National Mutual Property Services (Australia) Pty Ltd and Others v Citibank Savings Ltd and Others (1995) 132 ALR 514; [1995] FCA 1628
Pancontinental Mining Ltd v Posgold Investments Pty Ltd and Others (1994) 121 ALR 405; [1994] FCA 983
Queensland v Pioneer Concrete…
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Details
Case
[2009] FMCA 959
Decision Date

CaseChat Overview and Summary

Wylie initiated proceedings against McCann Worldgroup Pty Ltd in the Federal Magistrates Court, asserting claims under the Sex Discrimination Act 1984 (Cth). The central dispute revolved around Wylie's allegations of discriminatory practices in the workplace, specifically concerning gender-based inequalities. The court had to determine whether it had the authority to dismiss certain parts of the points of claim under rule 13.10 of the Federal Magistrates Court Rules and if the application of Order 11 rule 16 of the Federal Court Rules to the points of claim was appropriate. Additionally, the court considered whether amending the points of claim was suitable given their high level of generality.

The legal issues before the court involved the interpretation and application of specific rules regarding the dismissal and amendment of points of claim. The court had to examine whether it could dismiss parts of the points of claim for being overly general and if such dismissal would be in line with the relevant procedural rules. Furthermore, it needed to assess whether the points of claim should be amended to provide more specific details to meet the requirements of clarity and precision in legal pleadings.

In its decision, the court ruled that certain parts of the points of claim were indeed too general and thus ordered their dismissal. It found that the dismissal was appropriate under the Federal Magistrates Court Rules and that the points of claim should be amended to include more specific details. The court granted the applicant leave to file and serve amended points of claim by a specified deadline, ensuring that the allegations of discrimination were detailed sufficiently to allow for a fair and just determination of the case.

The final orders mandated that Wylie provide either a detailed schedule of the allegations or amended points of claim by 2 November 2009. Specific paragraphs and parts of the points of claim were to be struck out to ensure clarity and adherence to legal standards. This ruling allowed the case to proceed with more precise and detailed allegations, facilitating a clearer path towards resolution.

Orders

Orders of the court

1.

On or before 2 November 2009 the applicant file and serve either:

(i) a schedule setting out in tabular form the following in relation to each allegation of discrimination under the Sex Discrimination Act 1984 (Cth):

(a) the date of the alleged discriminatory conduct;

(b) the nature of the alleged discriminatory conduct;

(c) the section(s) of the Sex Discrimination Act alleged to be breached;

(d) the person(s) alleged to have engaged in the conduct;

(e) identification of any vicarious liability or other secondary liability by date, party and activity;

or

(ii) amended points of claim in which the applicant repleads the facts, matters and circumstances relied on with respect to each allegation of discrimination by the first respondent.

2.

Paragraphs 75 to 76 of the points of claim be struck out.

3.

The part of paragraph 86 of the points of claim which reads “and through him, the Third Respondent, and by retainer and agency, by the First Respondent” be struck out.

4.

The applicant have leave to file and serve amended points of claim on or before 2 November 2009.

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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