A routine affidavit had the solicitor’s name where the company officer’s should have been
A self-represented worker just won a procedural round against Boeing in the Federal Court of Australia - and it came down to who signed a single document.
The worker brought a claim under the Fair Work Act 2009 after Boeing Aerostructures Australia terminated her employment. As part of the litigation, the court ordered Boeing in September 2025 to hand over documents in three specific categories ahead of a mediation. The mediation went ahead in December 2025. It did not resolve the dispute.
In January 2026, the worker raised concerns that Boeing had not fully complied with the document handover order. The court referred the issue - known in the proceedings as the "Deficiency Application" - to a Registrar for determination.
The Registrar dismissed the application in May 2026. Boeing then pushed for a costs order, arguing the worker had been unreasonable in pressing the challenge. A key plank of that argument: Boeing had backed up its document list with a sworn statement, which the court itself had flagged to the worker as significant during an earlier hearing.
The Registrar agreed, ordering the worker to pay Boeing's costs from May 20, 2026.
The worker applied for a review of that costs order. And this is where things came unstuck for Boeing.
Under the Federal Court Rules, when a company is required to hand over documents in litigation, the sworn statement confirming the list must come...
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