Laginha, Eduardo v Family Court of Australia [1998] FCA 987

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - termination of employment - preliminary issues - whether employee a "continuing employee" under s 82AD(9) of the Public Service Act 1922 (Cth) - whether reg 30B of the Workplace Relations Regulations applied to employee's circumstances - opportunity to present full case and submissions - denial of procedural fairness. Federal Court of Australia Act 1976 (Cth) s 28 Industrial Relations Act 1988 (Cth) s 170EA Public Service Act 1922 (Cth) Div 8C; ss 82AD, 82AD(9) Workplace Relations Act 1996 (Cth) ss 170EA, 347(1), 377 Workplace Relations and Other Legislation Amendment Act 1996 (Cth)

Workplace Relations Regulations reg 30B EDUARDO LAGINHA v FAMILY COURT OF AUSTRALIA NG 60 OF 1998 LEE, MOORE, MARSHALL JJ SYDNEY 6 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

new south wales DISTRICT REGISTRY ng 60 of 1998

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: EDUARDO LAGINHA

Appellant

AND: family court of australia

Respondent

JUDGES: LEE, MOORE, MARSHALL JJ

DATE OF ORDER: 6 july 1998

WHERE MADE: sydney

THE COURT ORDERS THAT:

1. The order made by his Honour on 10 December 1997 be varied to provide that the application by the appellant for a declaration that the appellant was a "continuing employee" under s 82AD(9) of the Public Service Act 1922 (Cth) be dismissed.

2. The appeal be allowed in part by setting aside his Honour's order that the application for relief under s 170EA of the Workplace Relations Act 1996 (Cth) be dismissed.

3. In lieu thereof it be ordered that that application be submitted to a Judge of this Court for hearing.

4. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.