Super Retail case is off the rails, says Federal Court judge
A Federal Court judge has savaged lawyers for delaying a lawsuit brought against Super Retail and missing court timetables, describing the setbacks as ‘unacceptable’.
Lawyers acting for former Super Retail chief legal boss Rebecca Farrell have been savaged by a Federal Court judge over delays to lodge key documents linked to the case and missing court timetables, describing the delays as “unacceptable” and saying the case had gone “off the rails”.
Justice Michael Lee demanded lawyers meet court-appointed timetables and orders set down for the production of certain evidence documents – and interrupted the lawyer appearing for Ms Farrell in her workplace bullying and harassment case.
“I want to reduce costs … get on quickly as possible … it is inconceivable why solicitors and barristers for the applicants haven’t complied with the court timetable,” Justice Lee said at the Sydney hearing on Wednesday.
It was no excuse to miss these timetables just because “it was a bit too hard”, Justice Lee said. He said he didn’t care about the excuses for delays, but “I care about complying with the timetable”.
Justice Lee said the case had “gone off the rails” and told Ms Farrell’s lawyers that he “wanted to see proof” of work done to date and why court-designated timetables for the case were now in danger of running behind schedule.
Justice Lee said he would never think of calling lawyers in a case to say there would be a delay in his judgment because he was very busy, but that he would work extremely hard to produce his judgment in a timely manner.
The case management hearing held on Wednesday is in relation to Ms Farrell suing her former employer over allegations of workplace bullying and harassment. Ms Farrell was in the courtroom on Wednesday and was joined by former Super Retail co-company secretary Amelia Berczelly, who in August was revealed as the second whistleblower – along with Ms Farrell – to make a number of serious allegations about the company and its chief executive, Anthony Heraghty.
Meanwhile, lawyers for Super Retail are appealing against an earlier decision by Justice Lee to lift the suppression of a key court document which details an alleged settlement agreement between Ms Farrell and Super Retail.
The case is continuing.
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