1An applicant bringing a claim under s 106 of the Industrial Relations Act 1996 (NSW) must plead with sufficient particularity the parts of the contract said to be void or the precise variations sought, the point in time from which relief is sought, and the nature and calculation of compensation claimed; it is not sufficient to plead general unfairness and ask the court to craft an appropriate remedy.
2Section 106 of the IR Act has historically been given a very broad operation and has been held capable of sustaining claims dealing with psychological harm, stress and suffering connected with the actions of a party to a contract, extending beyond traditional contractual damages limitations.
3Where a claim is fundamentally deficient in its pleading but not manifestly groundless, frivolous, vexatious or an abuse of process, the appropriate course is to stay the proceedings pending proper amendment rather than to strike them out.
