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Key decisions

  • Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165

PRACTICE AND PROCEDURE – dismissed application to further amend statement of claim and application for discovery – no satisfactory explanation for delay – purpose of Federal Circuit and Family Court of Australia Act 2021.

Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165

The applicant (Ms Kathryn Harper) was an employee of the first respondent (Gold Coast Pistol Club Ltd). In 2021, the first respondent terminated the applicant’s employment. Consequently, the applicant ‘commenced proceedings in the Fair Work Division of the Circuit Court in which she alleged that she had been subject to adverse action in terms of the Fair Work Act 2009 (Cth)’ (‘FWA’) (Harper v Gold Coast Pistol Club Limited [2023] FCAFC 165 (Harper Appeal) at [4]).

Refusal of leave to amend statement of claim and grant further disclosure

On 27 October 2021, orders were made for the first respondent to give discovery for the applicant. Approximately 17 months later, the applicant’s solicitors wrote to the first respondent’s solicitors contesting the adequacy of discovery provided by the first respondent and sought further discovery of documents falling within specific categories.

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