Montgomery v Bluescope Steel Ltd [2019] FCA 1558

Montgomery v Bluescope Steel Ltd [2019] FCA 1558

Disputed categories of discovery allowed insofar as they relate directly to pleaded issues; amendment to pleadings to allege indirect discrimination refused for now, pending proper case management and submissions regarding factual and legal basis, especially in relation to potential exemptions under anti-discrimination law.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Employment and Industrial Relations Proceeding / Interlocutory Decision on Discovery and Application to Amend Statement of Claim
Outcome
Application to amend statement of claim refused (pending further application if any); disputed categories of discovery (as specified) allowed; previous discovery orders set aside; further procedural orders made; costs reserved.
Legal Topics
['non Standard Discovery' 'amendment of Pleadings' 'adverse Action' 'discrimination' 'fair Work Act' 'sex Discrimination' 'redundancy']
['employment Law' 'industrial Relations'] ['non Standard Discovery' 'amendment of Pleadings' 'adverse Action' 'discrimination' 'fair Work Act' 'sex Discrimination' 'redundancy']

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Procedural Posture

Employment and Industrial Relations Proceeding / Interlocutory Decision on Discovery and Application to Amend Statement of Claim

Legal Issues

  1. 1 ['Whether applicant may amend pleadings to allege indirect discrimination' 'Whether disputed categories of documents should be discovered' 'Relevance of discovery to adverse action and discrimination claims']

Ratio Decidendi

Disputed categories of discovery allowed insofar as they relate directly to pleaded issues; amendment to pleadings to allege indirect discrimination refused for now, pending proper case management and submissions regarding factual and legal basis, especially in relation to potential exemptions under anti-discrimination law.

Court Disposition

Application to amend statement of claim refused (pending further application if any); disputed categories of discovery (as specified) allowed; previous discovery orders set aside; further procedural orders made; costs reserved.

Orders

  • ["Applicant's application to amend paragraph 73 of statement of claim refused, subject to further leave application." 'Orders 19 and 20 of 8 April 2019 and orders 2-14 of 12 June 2019 set aside.' 'Applicant may apply for leave to amend paragraph 73 on or before 4 October 2019.' 'Respondents to give non-standard...