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FCAFederal Court of Australia · 13 March 2026

the Applicant v CDC Geelong Pty Ltd

Citation: [2026] FCA 249

At a glance

Employees affected
1

What happened

the Applicant brought a general protections claim under Part 3-1 of the Fair Work Act 2009 (Cth) against CDC Geelong Pty Ltd and related respondents. The claim sought pecuniary penalties for alleged contraventions of civil penalty provisions. The second to fourth respondents were alleged to have been involved in those contraventions. The matter came before the Federal Court on the respondents' application to strike out the Applicant's amended statement of claim under rule 16.21 of the Federal Court Rules 2011 (Cth), on the basis that the pleading was deficient. The pleading apparently incorporated cross-references to a schedule of particulars.

What it means for employees

Self-represented employees bringing general protections claims in the Federal Court must ensure their pleadings meet formal court requirements. A claim can be struck out if the statement of claim is poorly structured or does not clearly set out the facts and legal basis for each allegation, even if the underlying complaint may have merit.

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Every statement above is drawn from the published decision. Read the original here:

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0249

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This summary was drafted 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

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