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 Federal Magistrates Court Rules, rr.1.05, 13.10 |
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- Case
- [2009] FMCA 959
- Decision Date
CaseChat Overview and Summary
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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