The Court identified that claims by the plaintiffs (equitable relief in the Supreme Court) and the defendant (Fair Work Act relief in the Federal Circuit and Family Court Division 2) arose from a common factual substratum constituting a single 'matter', creating risks of inconsistent findings and increased costs from fragmented litigation. Rather than determining the plaintiffs' amendment application, the Court re-ordered priorities and directed the parties to confer on whether a single court — potentially the Federal Court — could resolve all claims, temporarily staying the Supreme Court proceedings. The Court did not resolve the question of whether the Division 2 Court possesses accrued jurisdiction sufficient to determine the equitable claims.
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