Paras v Public Service Body Head of the Department of Infrastructure [2006] FCA 622

FEDERAL COURT OF AUSTRALIA

Paras v Public Service Body Head of the Department of Infrastructure [2006] FCA 622 WORKPLACE RELATIONS – Victorian Public Service Agreement under Workplace Relations Act 1996 (Cth) – employment governed by Public Administration Act 2004 (Vic) – summary dismissal for serious misconduct – application for interlocutory injunction restraining employer from acting on purported dismissal – principles of grant of injunctive relief in context of employment relationship – whether serious question to be tried – whether balance of convenience and discretionary factors favour grant of injunction

Workplace Relations Act 1996 (Cth) s 661 Public Administration Act 2004 (Vic) ss 8, 20, 22, 33, 64 Public Administration (Review of Actions) Regulations 2005 (Vic)

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 cited Rankin v Marine Power International Pty Ltd (2001) 107 IR 117 cited Concut Pty Ltd v Worrell (2000) 176 ALR 693 cited Automatic Fire Sprinklers Pty Ltd v Watson (1946) 72 CLR 435 cited Hill v CA Parsons Ltd [1972] 1 Ch 305 followed Reilly v State of Victoria (1991) 5 VIR 1 followed Irani v Southampton & South West Hampshire Health Authority [1985] ICR 590 cited Dietman v Brent London Borough Council (1988) IRLR 299; [1987] ICR 737 considered

D Bean, Injunctions, 8th edn, Sweet & Maxwell, 2004

KATE PARAS v PUBLIC SERVICE BODY HEAD OF THE DEPARTMENT OF INFRASTRUCTURE and STATE OF VICTORIA

VID 531 OF 2006

YOUNG J

19 MAY 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 531 OF 2006

BETWEEN: KATE PARAS

APPLICANT

AND: PUBLIC SERVICE BODY HEAD OF THE DEPARTMENT OF INFRASTRUCTURE

FIRST RESPONDENT

STATE OF VICTORIA

SECOND RESPONDENT