Marks v University of Melbourne [1999] FCA 150

FEDERAL COURT OF AUSTRALIA

Marks v University of Melbourne [1999] FCA 150

BERNARD MARKS v UNIVERSITY OF MELBOURNE VI 1264 OF 1997 BERNARD MARKS v UNIVERSITY OF MELBOURNE VI 1356 OF 1997 RYAN J 24 FEBRUARY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 1264 OF 1997

BETWEEN: BERNARD MARKS

Applicant

AND: UNIVERSITY OF MELBOURNE

Respondent

JUDGE: RYAN J

DATE OF ORDER: 24 FEBRUARY 1999

WHERE MADE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS: 1. That the question directed by the Order of Ryan J of 15 September 1997 to be decided separately from any other questions and before any further trial in the proceedings be answered as follows: (a) whether on or around 15 August 1996, the Applicant and the Respondent were parties to a contract of employment between them; Yes. (b) if yes to (a), whether the contract of employment between the Applicant and the Respondent was terminated: (i) as a result of a decision taken by; or (ii) otherwise at the initiative of, the Respondent Yes.

2. That there be a directions hearing herein on a date to be fixed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 1356 OF 1997

BETWEEN: BERNARD MARKS

Applicant

AND: UNIVERSITY OF MELBOURNE

Respondent

JUDGE: RYAN J

DATE OF ORDER: 24 FEBRUARY 1999

WHERE MADE: MELBOURNE

MINUTES OF ORDER

THE COURT ORDERS: 1. That the question directed by the Order of Ryan J of 15 September 1997 to be decided separately from any other questions and before any further trial in the proceedings be answered as follows: (a) whether on or around 15 August 1996, the Applicant and the Respondent were parties to a contract of employment between them; Yes. (b) if yes to (a), whether the contract of employment between the Applicant and the Respondent was terminated: (i) as a result of a decision taken by; or (ii) otherwise at the initiative of, the Respondent Yes.