Federal Court Justice Michael Lee has expressed mounting frustration over the increasingly complex and expensive legal battle between former Super Retail Group executives turned whistleblowers and the retail company, warning he may force all parties into mediation to resolve core issues.

The case involves former executives Rebecca Farrell and Amelia Berczelly, who are pursuing legal action against their former employer.

During a case management hearing, Justice Lee criticised what he described as an “obsession by Fair Work lawyers on over complicating matters” and condemned the growing volume of documentation as “completely unacceptable.”

The judge emphasised his determination to streamline proceedings and reduce both complexity and costs for all parties involved.

Justice Lee said he wanted to make the case “as simple as possible, using the machinery available to the court to try to resolve this case as expeditiously and inexpensively and as quickly as possible,” signalling his intention to take active control of case management to prevent further escalation of legal costs and procedural complications.

Counsel representing Ms. Farrell and Ms. Berczelly raised concerns about the potential impact of repeated court appearances and cross-examination on their clients’ mental health and well-being, highlighting the personal toll of protracted legal proceedings on the former executives who have taken whistleblower action against their former employer.

Justice Lee said he was of a mind to get all the lawyers involved and the clients in a room to “sit around a table” and work up the list of facts of the case and not leave until that document was complete.

The judge also directed criticism toward the applicants, warning that he would not permit unnecessary complications from their legal team.

“I am not going to allow this case to be unnecessarily complicated by the applicants,” Justice Lee stated, indicating frustration with both sides’ approach to the litigation.

The case represents a significant legal challenge for Super Retail Group, which operates major retail chains including Supercheap Auto, Rebel Sport, BCF, and Macpac.

Legal disputes involving whistleblowing allegations can pose reputational and financial risks for publicly listed companies, particularly when proceedings become protracted and attract judicial criticism.

Justice Lee’s intervention reflects broader concerns within the Federal Court system about the increasing complexity and cost of employment-related litigation, particularly cases involving Fair Work Act provisions.

Judges have growing powers to actively manage cases to prevent unnecessary delays and expense accumulation.

The threat of mandatory mediation sessions represents an increasingly common judicial approach to complex commercial disputes where traditional adversarial proceedings have become unwieldy.

Such interventions aim to force parties to focus on essential issues rather than peripheral legal arguments that extend proceedings without advancing resolution.

For Super Retail Group, the ongoing legal battle adds to operational challenges as the company seeks to maintain business focus while defending against whistleblower allegations.

The retailer has not disclosed the specific nature of the claims or potential financial exposure from the proceedings.

The case continues as Justice Lee considers his options for forcing resolution of the dispute, with the potential for significant changes to how the matter proceeds through the court system.

The judge’s frustration signals that traditional legal approaches may be abandoned in favour of more direct intervention to achieve a timely resolution.