Nimhurchu v QBE Insurance (Australia) Pty Ltd
Citation: [2026] FCA 59
At a glance
- Employees affected
- 1
What happened
Ms Nimhurchu brought a claim in the Federal Court of Australia against QBE Insurance (Australia) Pty Ltd, seeking declarations of right and related orders under section 21 of the Federal Court of Australia Act 1976 (Cth). She relied on the Court's accrued jurisdiction to support her claim for ancillary relief. The case raised questions about whether the Federal Court was the appropriate forum, particularly because a specialist tribunal existed as an alternative avenue for the dispute. The matter came before the Court for determination of those jurisdictional and discretionary questions.
What was decided
The Federal Court dismissed the application on two grounds. First, the Court found that federal jurisdiction had not been properly invoked, meaning the Court did not have the legal authority to hear the matter. Second, even if jurisdiction had existed, the Court found it would have declined to exercise its discretion to grant relief. A key reason was that Ms Nimhurchu had not pursued an available remedy in a specialist tribunal better suited to resolving the dispute. The Court also considered the principle of forum non conveniens, which means a court may decline to hear a case if another forum is more appropriate.
What it means for employers
Employers facing claims from current or former employees should be aware that claimants who bypass specialist tribunals and go directly to the Federal Court may have their cases dismissed on jurisdictional or discretionary grounds. Where a specialist body exists to handle a particular type of dispute, courts may expect parties to use it first.
What it means for employees
Employees considering legal action should take care to identify the correct forum for their claim before filing in the Federal Court. If a specialist tribunal, such as the Fair Work Commission, is available and appropriate for the type of dispute, failing to use it first may result in the Federal Court declining to hear the case entirely.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0059This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →