The Court ordered the applicant to file a statement of claim in respect of her Fair Work Act general protections claims, finding that the concise statement and supplementary concise statement failed to provide adequate notice of the material facts underpinning the alleged contraventions of Pt 3-1, particularly regarding the specific workplace rights exercised, the occasions on which concerns were raised, and the adverse actions taken. The Court held that the supplementary concise statement's approach of simply cross-referencing paragraphs of affidavit evidence, prefaced by 'inter alia', did not meet the objectives of the concise statement method and left the respondent to discern the nature and number of alleged contraventions from the applicant's evidence. The ACL misleading or deceptive conduct claim was found to be adequately disclosed by the existing concise statement materials.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.