The Court summarily dismissed claims brought by a self-represented applicant on behalf of other drivers for lack of standing under s 540 of the Fair Work Act, and dismissed unlawful termination claims under s 772 as precluded by s 723 where the applicant was entitled to bring a general protections court application in relation to the same conduct. The Court struck out the entire statement of claim for pervasive deficiencies including failure to link alleged adverse action to specific workplace rights, failure to plead material facts supporting accessorial liability under s 550 (including the requisite knowledge of essential facts constituting the contravention), and sweeping indiscriminate allegations against individual respondents, granting qualified leave to replead. The judgment reinforces that the reverse onus in s 361 does not apply to accessorial liability claims under s 550, and that allegations of conditions of mind under r 16.43 require particularisation of the facts relied upon.
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