Tomvald v Toll Transport Pty Ltd (No 2) [2019] FCA 510

Tomvald v Toll Transport Pty Ltd (No 2) [2019] FCA 510

Rule 16.51(4) does not entitle amendment without leave once pleadings are closed; leave to amend is granted as the amendments serve the identification of real issues, avoid multiplicity of proceedings, and do not cause undue prejudice or delay given the procedural history and absence of evidence filed.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Employment Dispute / Interlocutory Application for Leave to Amend Pleadings
Outcome
Leave to amend granted
Legal Topics
['leave to Amend Pleadings' 'federal Court Rules' 'fair Work Act' 'enterprise Agreements']
['employment Law' 'practice and Procedure'] ['leave to Amend Pleadings' 'federal Court Rules' 'fair Work Act' 'enterprise Agreements']

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Procedural Posture

Employment Dispute / Interlocutory Application for Leave to Amend Pleadings

Legal Issues

  1. 1 ['Whether r 16.51(4) of the Federal Court Rules 2011 permits amendment without leave' 'Whether leave should be granted to amend the concise statement and originating application']

Ratio Decidendi

Rule 16.51(4) does not entitle amendment without leave once pleadings are closed; leave to amend is granted as the amendments serve the identification of real issues, avoid multiplicity of proceedings, and do not cause undue prejudice or delay given the procedural history and absence of evidence filed.

Court Disposition

Leave to amend granted

Orders

  • ['The applicant is granted leave to file and serve an amended concise statement and amended originating application reflecting the proposed amendments by 4.00 pm on 23 April 2019.' 'The parties are to furnish draft agreed or competing procedural orders by 4.00 pm on 26 April 2019.' 'The proceeding is listed for case...