McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1445

McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1445

Leave to deliver the Reply and amend the application is granted because all factual matters were already in issue, the respondents were prepared to address these at trial, and no prejudice would arise; the existence of a contravention under s.298K(1) remains a matter for determination on the evidence at trial.

Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Application for Leave to Deliver a Reply and Amend Pleadings / Pre Trial/interlocutory Order
Outcome
Leave granted to deliver a Reply and to amend pleadings; applicant to file Further Amended Statement of Claim; trial adjourned and directions made.
Legal Topics
['workplace Relations Act 1996 S 298 K(1)' 'contravention—dismissal, Refusal to Employ, Alteration of Position' 'amendment of Pleadings' 'leave to Deliver Reply']
['employment Law' 'practice and Procedure'] ['workplace Relations Act 1996 S 298 K(1)' 'contravention—dismissal, Refusal to Employ, Alteration of Position' 'amendment of Pleadings' 'leave to Deliver Reply']

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Procedural Posture

Application for Leave to Deliver a Reply and Amend Pleadings / Pre Trial/interlocutory Order

Legal Issues

  1. 1 ['Whether leave should be granted to deliver a Reply addressing new factual allegations and pleading an additional ground of contravention under s.298K(1)(c) of the Workplace Relations Act 1996' 'Whether the proposed amendments would prejudice the respondents or fundamentally alter the case to be tried' 'Proper construction and application of s.298K(1) in the context of conduct directed at identified individuals or a broader class']

Ratio Decidendi

Leave to deliver the Reply and amend the application is granted because all factual matters were already in issue, the respondents were prepared to address these at trial, and no prejudice would arise; the existence of a contravention under s.298K(1) remains a matter for determination on the evidence at trial.

Court Disposition

Leave granted to deliver a Reply and to amend pleadings; applicant to file Further Amended Statement of Claim; trial adjourned and directions made.

Orders

  • ['Leave given to deliver a Reply in the form handed up reflecting changes to paragraph 6 of the Reply marked A to the Notice of Motion.' 'Leave given to amend the Further Amended Application in accordance with the document marked B attached to the Notice of Motion.' 'Applicant to deliver a Further Amended Statement...