Swissport Australia Pty Ltd v Australian Municipal, Administrative, Clerical and Services Union [2018] FCA 1200

Swissport Australia Pty Ltd v Australian Municipal, Administrative, Clerical and Services Union [2018] FCA 1200

Although the applicant demonstrated a basis under r 8.21 for amendment and the respondent did not oppose substitution of the first to fourth proposed declaratory orders, leave to add the new argument supporting the later proposed declarations should be refused because the application was made too late, no adequate explanation for the delay was given, the respondent would be prejudiced in considering and obtaining evidence on a significant factual issue, and allowing the new argument at such short notice would be procedurally unfair.

Jurisdiction
Australia
Judgment Date
24 July 2018
Procedural Posture
Industrial Law Proceeding Concerning Declaratory Relief Under the Airline Operations – Ground Staff Award 2010 / Application for Leave to File an Amended Originating Application at the Commencement of Trial
Outcome
Application for leave to amend granted in part; leave granted for proposed orders 1 to 4 and amendment of the applicant's name, but refused to the extent the amendments would raise the new argument.
Legal Topics
['leave to Amend Originating Application' 'declaratory Relief' 'procedural Fairness' 'delay' 'prejudice' 'federal Court Rules 2011 (cth) R 8.21' 'federal Court of Australia Act 1976 (cth) S 37 M']
['industrial Law' 'employment and Industrial Relations' 'civil Procedure'] ['leave to Amend Originating Application' 'declaratory Relief' 'procedural Fairness' 'delay' 'prejudice' 'federal Court Rules 2011 (cth) R 8.21' 'federal Court of Australia Act 1976 (cth) S 37 M']

Case Brief

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Procedural Posture

Industrial Law Proceeding Concerning Declaratory Relief Under the Airline Operations – Ground Staff Award 2010 / Application for Leave to File an Amended Originating Application at the Commencement of Trial

Legal Issues

  1. 1 ['Whether the applicant should have leave to amend the originating application to reformulate the first four declaratory orders.' 'Whether the applicant should have leave to amend the originating application to add proposed fifth to eighth declaratory orders based on a new argument.' 'Whether allowing amendments raising the new argument at short notice would be procedurally unfair to the respondent.' 'Whether the applicant gave an adequate explanation for the delay in notifying the respondent of the new argument.']

Ratio Decidendi

Although the applicant demonstrated a basis under r 8.21 for amendment and the respondent did not oppose substitution of the first to fourth proposed declaratory orders, leave to add the new argument supporting the later proposed declarations should be refused because the application was made too late, no adequate explanation for the delay was given, the respondent would be prejudiced in considering and obtaining evidence on a significant factual issue, and allowing the new argument at such short notice would be procedurally unfair.

Court Disposition

Application for leave to amend granted in part; leave granted for proposed orders 1 to 4 and amendment of the applicant's name, but refused to the extent the amendments would raise the new argument.

Orders

  • ['The applicant have leave to amend the originating application in terms of proposed orders 1 to 4 of Exhibit A.' 'The applicant have leave to amend the name of the applicant to "Swissport Australia Pty Ltd".']