Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mainella v Commonwealth of Australia [2013] FCA 1193 Citation: Mainella v Commonwealth of Australia [2013] FCA 1193
Parties: ALESSIA MAINELLA v COMMONWEALTH OF AUSTRALIA
File number: ACD 97 of 2013
Judge: FOSTER J
Date of judgment: 13 November 2013
Catchwords: INDUSTRIAL LAW – whether an applicant for a potential ongoing position in the Australian Public Service is entitled to compel the Commonwealth or the Agency Head of the Australian Taxation Office to offer her employment merely because her application was approved by the relevant vacancy delegate – whether the applicant was "engaged" by the Australian Taxation Office within the meaning of s 22 of the Public Service Act 1999 (Cth) – whether the applicant's case should be summarily dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 31A Judiciary Act 1903 (Cth), s 39B Public Service Act 1999 (Cth), s 20, s 22 Federal Court Rules 2011, r 26.01
Cases cited: Singh v Super City Home Loans Pty Ltd [2011] FCA 646 cited Spencer v Commonwealth (2010) 241 CLR 118 applied
Date of hearing: 8 November 2013 Place: Sydney (via video link to Canberra) (heard in Canberra) Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 38 Advocate for the Applicant: Ms C Weeks Counsel for the Respondent: Mr WL Sharwood Solicitor for the Respondent: Norton Rose Fulbright Australia
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 97 of 2013
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