Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barratt v Howard [2000] FCA 190
ADMINISTRATIVE LAW – termination of public office – natural justice – statutory power – bases for termination – whether office held at pleasure – statutory purpose – loss of trust and confidence by Minister in officer's ability to carry out duties as Secretary of Department – whether sufficient basis for termination – whether fault on Secretary's part must be demonstrated – whether basis for ministerial belief must be subject of inquiry before recommendation to Governor-General – procedural fairness – legitimate expectation – enforcement of substantive rights – whether particulars of Minister's assertion required – effect of specific termination provisions relating to misconduct and criminal offences.
Public Service Act 1922 (Cth) s 6, s 25, s 36, s 37, s 56, s 57, s 58
Salemi v MacKellar (1977) 137 CLR 396
National Companies and Securities Commission v The News Corporation Ltd (1984) 156 CLR 296
Mobil Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475
Schmidt v Secretary of State for Home Affairs [1969] 2 Ch 149
Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487
Attorney-General (NSW) v Quin (1990) 170 CLR 1
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Andersen v Umbakumba (1924) 126 ALR 121
Cooper v Darwin Rugby League (1994) 57 IR 238
R v Anderson; Ex parte Ipec-Air Pty Ltd (1965) 113 CLR 177
R v The Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45
Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66
Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
PAUL HUNTER BARRATT v JOHN WINSTON HOWARD, MAXWELL WILLIAM MOORE-WILTON and THE COMMONWEALTH OF AUSTRALIA
N1005 OF 1999
PAUL HUNTER BARRATT v JOHN WINSTON HOWARD, MAXWELL WILLIAM MOORE-WILTON and THE COMMONWEALTH OF AUSTRALIA
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