Federal Court of Australia

Akibou Yacouba v Key Assets The Children's Services Provider (Australia) Limited (No 2) [2025] FCA 928

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 9.01 and r 30.11 of the Federal Court Rules 2011 (Cth), WAD 221 of 2024 and WAD 184 of 2025 be consolidated in one proceeding with the consolidated proceedings to go forward bearing the number and title of action WAD 221 of 2024 (Consolidated Proceedings).

2.    The applicant is to file and serve an amended (consolidated) statement of claim pleading the causes of action being pursued in the Consolidated Proceedings as well as the material facts relied upon consistent with the requirements of r 16.02 of the Rules by 4.00pm AWST on Friday 5 September 2025.

3.    By 4.00pm AWST on Friday 3 October 2025, the respondent is to file and serve any:

(a)    amended defence to the amended statement of claim, or

(b)    an interlocutory application with respect to summary judgment and/or strike-out regarding the Consolidated Proceedings.

4.    The Consolidated Proceedings are to be listed for a further in-person case management hearing on a date to be fixed in October 2025.

5.    The parties have liberty to apply.

6.    Costs be reserved.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(delivered extempore and edited from the transcript)

BANKS-SMITH J:

1    Case management hearings in matters number WAD 221 of 2024 [described more fully in Akibou Yacouba v Key Assets The Children's Services Provider (Australia) Limited [2025] FCA 614] and WAD 184 of 2025 were listed before me today. The applicant, Mr Akibou Yacouba has not attended. I am satisfied that he was given written notice by email of the listing of the case management hearings, and I also ensured that inquiries were made outside the courtroom and that he was formally called by the Court officer.

2    Mr Akibou Yacouba had indicated that he wished to have the case management hearings for these two matters proceed separately. At his request, I listed the case management hearing for WAD 221 of 2024 at 9.30 am this morning and WAD 184 of 2025 at 9.45 am this morning. In view of his absence, I waited until after 9.45 am to hear the matters. As it turns out, it was appropriate that I proceed by hearing them together.

3    I have heard submissions from Mr Bennett (on behalf of the respondent in both actions) in relation to the proposed consolidation of the proceedings and programming of a consolidated proceeding.

4    WAD 221 of 2024 is a matter in which Mr Akibou Yacouba seeks relief in relation to a general protections claim, adverse action and alleged defamation. In WAD 184 of 2025, Mr Akibou Yacouba seeks relief again in relation to a general protections matter. As it happens, the factual basis of both applications is similar. Both applications arise out of the former employment by Mr Akibou Yacouba with the respondent. There are allegations as to Mr Akibou Yacouba's alleged misconduct, the provision of a show cause letter and a decision by the respondent to terminate Mr Akibou Yacouba's employment. The parties are the same. The allegations overlap.

5    To my mind, the manner by which these matters should proceed that promotes their just resolution and takes into account the need to avoid delay and costs, is that they be consolidated. If they are dealt with separately, it would tend to complicate the resolution of the matter and be inefficient. In particular, bifurcation will add to the complexity, increase the use of Court resources and inappropriately add to the costs of the respondent.

6    I take into account that Mr Akibou Yacouba is a litigant in person, and I take into account his preference that the matters travel separately.

7    However, I consider Mr Akibou Yacouba is likely to be assisted by a consolidation order, in that all matters will be addressed together and in a manner that has regard to the whole chronology of the relevant factual matters that underlie the claims and events between the parties.

8    It seems to me it is inevitable that, should these matters proceed to trial, they would be heard together, even if there were no formal consolidation.

9    In those circumstances, I consider it is a proper exercise of my discretion to order that the matters be consolidated having regard to r 9.01 [and r 30.11] of the Federal Court Rules 2011 (Cth). In those circumstances, it is necessary to provide to Mr Akibou Yacouba the opportunity to file and serve an amended consolidated statement of claim. Mr Bennett has suggested that Mr Akibou Yacouba be granted a four-week period in which to do that, and I accept that that is an appropriate period of time.

10    Accordingly, there will be an order that Mr Akibou Yacouba is to file and serve an amended consolidated statement of claim in the consolidated proceeding, which complies with the requirements of r 16.02 of the Federal Court Rules by 4.00 pm AWST on Friday, 5 September 2025. I propose that the respondent will then have until 4.00 pm AWST on Friday, 3 October 2025 to file and serve any amended defence to the amended consolidated statement of claim, or any interlocutory application with respect to summary judgment or strikeout regarding the consolidated proceedings.

11    There will otherwise be an order that a case management hearing be listed for a date to be fixed in October 2025. There will be liberty to the parties to apply to have the matter relisted. Any question of costs will be reserved at this point, and I will hear from Mr Akibou Yacouba in that regard in due course.

12    There will be orders accordingly.

Associate:

Dated:    8 August 2025