Gallagher v AAG Labour Services Pty Ltd [2020] FCA 1753

Gallagher v AAG Labour Services Pty Ltd [2020] FCA 1753

The applicant must provide further and better particulars of her claim, in particular the basis on which total hours worked and unpaid hours have been calculated, to the extent practicable, as the statement of claim does not currently give the respondents fair notice of the case they must meet.

Parties
Applicant: Beth Gallagher; First Respondent / Cross Claimant: AAG Labour Services Pty Ltd (ACN 126 217 294); Second Respondent: Marcus Roman Elgin-Stuczynski; Cross Respondent: Hayden Russell
Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Interlocutory Application / Orders for Further and Better Particulars
Outcome
Application for further and better particulars granted in part; applicant ordered to provide particulars; respondents' interlocutory application otherwise dismissed; costs reserved; cross-respondent given leave to file re-amended defence; matters referred to mediation.
Legal Topics
Particulars of Pleadings, Fair Work Act, Employee Records and Payslips, Burden of Proof in Underpayment Claims, Cross Claim for Indemnity
Employment Law Industrial Relations Civil Procedure Particulars of Pleadings Fair Work Act Employee Records and Payslips Burden of Proof in Underpayment Claims Cross Claim for Indemnity

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Parties

Beth Gallagher

Applicant

AAG Labour Services Pty Ltd (ACN 126 217 294)

First Respondent / Cross Claimant

Marcus Roman Elgin-Stuczynski

Second Respondent

Hayden Russell

Cross Respondent

Procedural Posture

Interlocutory Application / Orders for Further and Better Particulars

Legal Issues

  1. 1 Whether applicant must provide further and better particulars of hours worked as alleged in the statement of claim
  2. 2 Sufficiency of current pleadings to give fair notice of the case to be met by respondents
  3. 3 Impact of reversal of onus under s 557C Fair Work Act on the requirement to plead particulars

Ratio Decidendi

The applicant must provide further and better particulars of her claim, in particular the basis on which total hours worked and unpaid hours have been calculated, to the extent practicable, as the statement of claim does not currently give the respondents fair notice of the case they must meet.

Court Disposition

Application for further and better particulars granted in part; applicant ordered to provide particulars; respondents' interlocutory application otherwise dismissed; costs reserved; cross-respondent given leave to file re-amended defence; matters referred to mediation.

Orders

  • Applicant to provide, by 1 February 2021, particulars of days worked, days not worked, hours worked on any specified days on L2 and/or L3 during the Term, and particulars of calculation of 'Total hours worked' as per Schedule B.
  • Respondents' interlocutory application dated 16 October 2020 otherwise dismissed.