James Cook University v Ridd

1. The appellant have leave to rely upon the further amended notice of appeal dated 28 July 2020.
2. Order 1 of the orders made by the Federal Circuit Court of Australia on 16 April 2019 be set aside.
3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

GRIFFITHS AND SC DERRINGTON JJ: 1 In the joint reasons for judgment of Griffiths and SC Derrington JJ in James Cook University v Ridd [2020] FCAFC 123 at [187]-[188], attention was drawn to the fact that James Cook University did not challenge order 1 made by the Federal Circuit Court on 16 April 2019. The University was invited to serve a further amended notice of appeal if it wished to have that order also set aside and the parties were given an opportunity to file brief outlines of submissions in respect of that matter if they so wished. 2 In the events that have occurred, the University has filed a further amended notice of appeal which seeks to set aside that order. Professor Ridd indicated that he did not oppose the further amended notice of appeal and did not propose to file any submissions in respect of it. He indicated that, although he did not oppose the additional order sought by the University, he did not give his consent "out of an abundance of caution not to prejudice [his] rights in respect of any application for special leave to the High Court of Australia". We consider that, in these circumstances, an additional order should be made in the following terms: