PRACTICE AND PROCEDURE - application for summary judgment under s 31A(2) of Federal Court of Australia Act 1976 (Cth) and 26.01 of Federal Court Rules 2011 (Cth) - alternative application for entirety of statement of claim to be struck out pursuant to r 16.21 of the Federal Court Rules 2011 (Cth) with no leave to replead - principles concerning summary judgment under s 31A of Federal Court of Australia Act 1976 (Cth) - where there is no reasonable prospect of successfully prosecuting the proceeding - summary judgment entered for respondent against applicant - where almost all of statement of claim includes frivolous or vexatious material, fails to disclose a reasonable cause of action and is embarrassing - meaning of "embarrassing" in relation to pleadings - where no utility in allowing the applicant to replead - statement of claim struck out
COSTS - application for costs under s 570 of Fair Work Act 2009 (Cth) - principles concerning the award of costs under s 570 of Fair Work Act 2009 (Cth) - where conduct in prosecuting the proceeding was unreasonable - impecuniosity not a relevant consideration in awarding costs - costs awarded
↧