Recent Cases

Tucker v Broderick [2022] FCAFC 174 (28 October 2022) (Bromberg, Bromwich and McEvoy JJ)


Catchwords:


INDUSTRIAL RELATIONS – appeal from orders summarily dismissing proceeding pursuant to r 26.01 of the Federal Court Rules 2011 (Cth) – primary judge determined that claims in the Federal Court were plainly founded on an issue already pleaded and resolved in the Supreme Court of Victoria and that the causes of action pleaded had merged in the judgment of the Supreme Court – cause of action estoppel – proceeding determined to be an abuse of process which sought to vex the respondents with the same claim – primary judge found appellant’s claim based on the Victorian Model Litigant Guidelines was hopeless as no relevant cause of action – appellant makes no challenge to key aspect of primary judge’s finding that the proceeding constitutes an abuse of process – primary judge adequately explained findings – appeal had no prospect of success – appeal dismissed.