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Tuesday, September 1, 2026

High Court denies ex-Woolworths employee’s writ request as abusive of process - Australasian Lawyer

On 29 June 2022, Judge Egan dismissed a summary judgment application filed on 9 December 2021 and a default judgment application filed on 9 April 2022. Egan denied the plaintiff's underpayment claim for both employment periods for lack of merit.

On 7 August 2023, Judge Meagher of the Federal Court dismissed the plaintiff’s application for leave to appeal.

On 12 February 2026, before the High Court, the plaintiff applied for a constitutional or other writ naming the following defendants: the FCFCOA (Division 2), the Federal Court of Australia, and Woolworths. The plaintiff also filed three interlocutory applications seeking various orders.

Abuse of process found

Justice Steward of the High Court of Australia summarily dismissed the plaintiff's application for a constitutional or other writ as an abuse of process under rr 25.09.3(b) and 28.01.2(c) of the High Court Rules 2004 (Cth).

The justice decided that the application sought to invoke jurisdiction on a “confused or manifestly untenable” basis and lacked any rational legal argument that could support the requested relief.

Justice Steward held that the plaintiff, who exhausted the appellate process, was attempting to reopen the trial issues, which would be permissible only in exceptional circumstances. In seeing no such exceptional circumstances, the justice considered that:

  • Judge Egan did not need to determine the summary judgment and default judgment applications before handing down the final judgment
  • Judge Meagher...


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