Pratt, Lawrence James v Australian Broadcasting Corporation [1985] FCA 667

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JUDGMENT INO. cccesssossssscsenl eosocsoneee

CATCHWORDS

ADMINISTRATIVE LAW - Contract of Service - features of - agency

distinguished - Written Agreement - Interpretation - Effect of

subsequent conduct - Australian Broadcasting Corporation Act 1983

- Administrative Decisions (Judicial Review) Act 1977.

Administrative Decisions (Judicial Review) Act 1977 Australian Broadcasting Corporation Act 1983, ss. 5, 46, 47,

48.

Australian Mutual Provident Society v. Chaplin & Anor. (1978) 18 A.L.R. 385.

LAWRENCE JAMES PRATT v. AUSTRALIAN BROADCASTING CORPORATION QLD. G122 of 1985

CORAM - Spender Jd. Brisbane 20 December, 1985

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G122 of 1985 GENERAL DIVISTON ) BETWEEN :

LAWRENCE, JAMES PRATT

Applicant

AUSTRALIAN BROADCASTING CORPORATION

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: Spender J.

DATE OF ORDER:

WHERE MADE:

20 December, 1985

Brisbane

THE COURT ORDERS THAT:

(1)

(2)

The decision to terminate the employment of Mr. Pratt by the Australian Broadcasting Corporation communicated to him by letter over the hand of Mr. Whitehead dated 12 September 1985 be set aside;

the Respondent pay the Applicant's costs to be taxed.

Note: Settlement and entry of orders are dealt with in Order 36

of the Federal Court Rules

tard mp vine

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G122 of 1985 GENERAL DIVISION ) BETWEEN :

LAWRENCE JAMES PRATT

Applicant

AUSTRALIAN BROADCASTING CORPORATION

Respondent

SPENDER J. 20 December, 1985

REASONS FOR JUDGMENT

This 18 an application by Mr. Lawrence James Pratt for

an order of review under the Administrative Decisions (Judicial

Review) Act 1977 in respect of a decision to terminate his working for the Australian Broadcasting Corporation ("ABC"). That decision was indicated to him by letter over the hand of Mr.