Laing v Construction, Forestry, Mining and Energy Union [2005] FCA 765

Laing v Construction, Forestry, Mining and Energy Union [2005] FCA 765

The Court found the proposed further amended application and statement of claim were not in a form suitable for filing and serving; leave granted to applicant to file and serve further amended application and statement of claim conforming generally with the Court's reasons, with directions for respondent defences and reserved liberty to apply.

Parties
Applicant: William Laing; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: John Cummins; Third Respondent: S J Higgins Pty Ltd; Fourth Respondent: Shane Christopher Sheedy
Jurisdiction
Australia
Judgment Date
10 June 2005
Procedural Posture
Civil / Interlocutory Decision on Pleadings
Outcome
Leave to file further amended application and statement of claim granted; proposed application as drafted not permitted.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Coercion Under Workplace Relations Act, Causes of Action Under S 170 NC, Penalty Proceedings
Employment Law Industrial Relations Amendment of Pleadings Strike Out Applications Coercion Under Workplace Relations Act Causes of Action Under S 170 NC Penalty Proceedings

Case Brief

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Parties

William Laing

Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

John Cummins

Second Respondent

S J Higgins Pty Ltd

Third Respondent

Shane Christopher Sheedy

Fourth Respondent

Procedural Posture

Civil / Interlocutory Decision on Pleadings

Legal Issues

  1. 1 Whether leave should be granted to amend the application and statement of claim
  2. 2 Whether pleadings disclose a reasonable cause of action under s 170NC of the Workplace Relations Act 1996
  3. 3 What constitutes 'other action' and 'intent to coerce' under s 170NC

Ratio Decidendi

The Court found the proposed further amended application and statement of claim were not in a form suitable for filing and serving; leave granted to applicant to file and serve further amended application and statement of claim conforming generally with the Court's reasons, with directions for respondent defences and reserved liberty to apply.

Court Disposition

Leave to file further amended application and statement of claim granted; proposed application as drafted not permitted.

Orders

  • Applicant granted leave to file and serve further amended application and statement of claim by 8 July 2005.
  • Respondents to file and serve amended defence by 5 August 2005.