Federal Court of Australia
~
ADMINISTRATIVE LAW - interlocutory injunction - motion
to restrain Public Service Board considering recommendation that appellant be dismissed until outcome of appeal to
Full Court known - whether injunction sought is stay of proceedings under judgment at first instance - power of
court under s.23 Federal Court of Australia Act 1976
to grant motion
Federal Court of Australia Act 1976 s.23
Rules under the Federal Court of Australia Act 1976 0.52 R.17
Public Service Act 1922 s.63A
ABRAHAM BERCOVE v. C.L. HERMES, A.C.C. MENZIES and J.T. HOWARD
constituting The Disciplinary Appeal Board, Public Service Board and The Commonwealth of Australia.
No. WAG 37 of 1983
TOOHEY J.
PERTH
30 SEPTEMBER 1983
Il] THR FEDERAL CuUkRT OF AUSTRALIA WESTERN AUSTRALTA DISTRICT REGISTRY GENEPAL DIVISION
No. WAG 37 of 1983
a er ee ee
BETWEEN ABRSHEM BERCOVE Appellant and
C.L. HERMES Chairman, A.C.C. MENZIES and J.T. HOWARD members
constituting The Disciplinary Appeal Board First Respondent
and
PUBLIC SERVICE BOARD Second Respondent
and
THE COMMONWEALTH OF AUSTRALIA Third Respondent
ORDER CUDGE MAKING ORDER : Toohey J. DATE OF ORDER 2 30 September 1983 WHERE MADE 3 Ferth
THE COURT ORDERS THAT: 1. The time for the hearing of this motion is abridged to enable it to be dealt with today. 2. The second respondent be restrained until
determination of this appeal or until further
order from:
(b)
ie)
Considering pursuant to Section 635A of the Fublic Service Act 1922 the
recommendation of the Chief Officer to the second respondent made on 25 October 1982 that action be taken to dismiss the appellant from the Public Service and
Considering the decision and reasons
for decision of the first respondent
dated 4 March 1983.
InN) THE FEDERAL COURT ' OF AUSTRALIA ' WESTERN AUSTRALIA ' No. WAG 37 of 1983 DISTRICT PEGISTRY ' GENEPAL DIVISTON '
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