Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chief of the Defence Force v Gaynor [2016] FCA 311 Appeal from: Gaynor v Chief of the Defence Force (No 3) [2015] FCA 1370
File number: NSD 1685 of 2015
Judge: GLEESON J
Date of judgment: 30 March 2016
Catchwords: PRACTICE AND PROCEDURE – interlocutory application that the first instance order for reinstatement be stayed – power of the Court to grant such a stay – no substantial disadvantage to the respondent if the stay is continued – grounds of appeal are reasonably arguable – risk of further dispute between the parties if the stay is not granted – appropriate that the stay be continued
Legislation: Federal Court of Australia Act 1976 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Defence (Parliamentary Candidates) Act 1969 (Cth) Defence (Personnel) Regulations 2002 (Cth) Federal Court Rules 2011
Cases cited: Coshott v Prentice [2013] FCA 1085 Huang v University of New South Wales [2010] FCA 738 McCloy v New South Wales [2015] HCA 34; (2015) 89 ALJR 857; (2015) 325 ALR 15 Wotton v Queensland [2012] HCA 2; (2012) 246 CLR 1
Date of hearing: 11 March 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 41
Counsel for the Appellant: Mr JK Kirk SC
Solicitor for the Appellant: Australian Government Solicitor
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