Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clement v Australian Bureau of Statistics [2016] FCA 948 File number: ACD 22 of 2016
Judge: KATZMANN J
Date of judgment: 12 August 2016
Catchwords: PRACTICE AND PROCEDURE — summary judgment — whether no reasonable prospects of success — where case doomed from outset PRACTICE AND PROCEDURE — whether notices should be given under s 78B of the Judiciary Act 1903 (Cth) — where constitutional point said to be raised is frivolous PUBLIC SERVICE — claim for compensation for reprisals under the Public Interest Disclosure Act 2013 (Cth) — "public interest disclosure" — defined to apply only to disclosures occurring from commencement date —where alleged reprisals relate to alleged beliefs concerning disclosures occurring before commencement date
Legislation: Acts Interpretation Act 1901 (Cth) ss 15A, 15AA Fair Work Act 2009 (Cth) s 570(2) Federal Court of Australia Act 1976 (Cth) s 31A Judiciary Act 1903 (Cth) s 78B Migration Litigation Reform Act 2005 (Cth) Public Interest Disclosure Act 2013 (Cth) ss 10, 13, 14, 26
Cases cited: Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Australian Workers Union' v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) (2015) 230 FCR 337 Bayne v Baillieu (1908) 6 CLR 382 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Danielsen v Oneseteel Manufacturing Pty Ltd [2009] SASC 56; 253 ALR 661 Gypsy Jokers Motorcycle Club Inc v Commissioner of Police (2008) 234 CLR 532 Nicholas v The Queen (1998) 193 CLR 173 Priestley v Godwin (No 3) (2008) 172 FCR 139 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Taniela v Minister for Immigration and Border Protection [2014] FCA 375 Taniela v Minister for Immigration and Border Protection [2014] FCAFC 104 Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1
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