Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Applicant ACD13/2019 v Stefanic [2019] FCA 548 File numbers: ACD 13 of 2019
Judge: GRIFFITHS J
Date of judgment: 18 April 2019
Catchwords: PRACTICE AND PROCEDURE – application for interim relief under s 15 of the Public Interest Disclosure Act 2013 (Cth) (PID Act) seeking a stay to prevent the imposition of any sanction from an ongoing Code of Conduct investigation – whether the applicant has a prima facie case that any sanction or other action relating to the investigation would constitute reprisal under s 13 of the PID Act – no prima facie case – application for interim relief refused STATUTORY INTERPRETATION – meaning of "external disclosure" under s 26 of the PID Act – causal connection required within the definition of "reprisal" under s 13 of the PID Act – no causal connection established by the evidence
Legislation: Parliamentary Service Act 1999 (Cth) Public Interest Disclosure Act 2013 (Cth) ss 6, 9, 10, 13, 14, 15, 16, 19, 19A, 20, 26, 29, 36, 43, 47, 48, 52, 61, 73
Cases cited: Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Independent Corporate Services Ltd v Stevens [2002] WASC 280
Date of hearing: 18 April 2019
Registry: New South Wales
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 63
Counsel for the Applicant: Mr R Thomas
Solicitor for the Applicant: Fitzgerald Naylor Lawyers
Counsel for the Respondents: Mr P D Herzfeld
Solicitor for the Respondents: Ashurst Australia
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