Ashby v Slipper [2016] FCAFC 63

FEDERAL COURT OF AUSTRALIA

Ashby v Slipper [2016] FCAFC 63 Appeal from: Application for leave to appeal: Ashby v Slipper [2014] FCA 973

File number: NSD 968 of 2014

Judges: MANSFIELD, SIOPIS AND GILMOUR JJ

Date of judgment: 21 April 2016

Addendum: 3 June 2016

Date of hearing: Heard on the papers

Date of last submissions: 14 August 2015

Registry: New South Wales

Division: Fair Work Division

National Practice Area: Administrative Constitutional and Human Rights

Category: No Catchwords

Number of paragraphs: 101

Counsel for the Applicant: T Blackburn SC and R Gration

Solicitor for the Applicant: Harmers Workplace Lawyers

Counsel for the Respondent: I Neil SC and S Keating

Solicitor for the Respondent: Hilliard & Berry Solicitors

Table of Corrections

28 April 2016 The following sentences in [98] have been deleted: "The applicant should pay to the respondent his costs of the application for leave to appeal, and of the appeal. Those costs include the costs of the interlocutory application of 12 June 2015."

FEDERAL COURT OF AUSTRALIA

Ashby v Slipper [2016] FCAFC 63 ADDENDUM THE COURT: 1 Since the reasons for judgment were published, counsel for the applicant (with the concurrence of their instructing solicitor) have informed the Court that the submission referred to in [76] was made on the basis of a proposed affidavit, the terms of which were subsequently changed in a material respect after counsel had settled the affidavit, but the changes were not brought to the attention of counsel. That is accepted by counsel for the respondent. The Court accepts that counsel for the applicant did not knowingly make an incorrect contention. I certify that the preceding one (1) numbered paragraph is a true copy of the Addendum to the Reasons for Judgment herein of the Honourable Justices Mansfield, Siopis and Gilmour.