Krombholz v Secretary, Department of Defence [2016] FCA 345

FEDERAL COURT OF AUSTRALIA

Krombholz v Secretary, Department of Defence [2016] FCA 345 File number: ACD 23 of 2016

Judge: BROMWICH J

Date of judgment: 6 April 2016

Catchwords: PRACTICE AND PROCEDURE – urgent application before start of a proceeding – where application brought under s 370(b) Fair Work Act 2009 (Cth) – where applicant sought prohibition on publication of separation of employment in the Public Service Gazette

Legislation: Fair Work Act 2009 (Cth) ss 365, 368, 368(3)(a), 369, 370, 370(a), 370(b), 570(2) Federal Court Rules 2011 (Cth) r 7.01(2) Australian Public Service Commissioner's Directions 2013 (Cth) cll 2.29, 2.30 Public Service Act 1999 (Cth) s 29(3), 29(3)(g)

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57

Date of hearing: 5–6 April 2016

Registry: Australian Capital Territory

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 49

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondent: Ms C Mann of Australian Government Solicitor

ORDERS ACD 23 of 2016

BETWEEN: MONA KROMBHOLZ Applicant

AND: SECRETARY, DEPARTMENT OF DEFENCE Respondent

JUDGE: BROMWICH J DATE OF ORDER: 6 APRIL 2016

THE COURT ORDERS THAT:

1. The respondent be named as 'Secretary, Department of Defence'. 2. The urgent application before start of a proceeding dated 5 April 2016 be dismissed. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.