Leach v Commonwealth of Australia [2021] FCA 158

Federal Court of Australia

Leach v Commonwealth of Australia [2021] FCA 158 File number: NSD 1229 of 2020

Judgment of: LEE J

Date of judgment: 2 March 2021

Catchwords: EQUITY – principle in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 – whether the Commonwealth restrained from unconscientious reliance upon legal rights based on general words in Deed of Release (Deed) – factual question – applicant subjectively believed release only applied to her unfair dismissal claim – unilaterally held belief – no departure by Commonwealth from acceptable standards of fair dealing – reliance on general words of Deed not unconscientious – claim for declaratory relief fails – adverse credit findings – disqualification from further hearing HUMAN RIGHTS – unfair dismissal – allegations of discrimination and sexual harassment against a former Senator of the Commonwealth – vicarious liability of Commonwealth – identification of separate question – whether Deed prevents applicant from bringing certain proceedings against Commonwealth – discrimination and sexual harassment claim extinguished on proper construction – whether unconscientious for Commonwealth to enforce the general release in all the circumstances

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) Pt 3-2 Members of Parliament (Staff) Act 1984 (Cth) s 20 Sex Discrimination Act 1984 (Cth) ss 5, 14, 26, 28A, 28G, 28L, 94 and 106

Cases cited: Axon v Axon (1937) 59 CLR 395 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Grant v John Grant & Sons Proprietary Ltd (1954) 91 CLR 112 Jones v Dunkel (1959) 101 CLR 298 Sarina v Fairfax Media Publications Pty Ltd [2018] FCAFC 190; (2018) 365 ALR 15 Taylor v Johnson (1983) 151 CLR 422 The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Proprietary Limited and Ors (No 2) [2012] NSWSC 322