Federal Court of Australia
Federal Court of Australia
Ashby v Commonwealth of Australia (No 2) [2021] FCA 830 File number: NSD 784 of 2020
Judgment of: BROMWICH J
Date of judgment: 23 July 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – where balance of applicant's proceeding relied on the finding of adverse action within the meaning of s 342(1) of the Fair Work Act 2009 (Cth) – whether decision to refuse to grant an act of grace payment under s 65(1) of the Public Governance, Performance and Accountability Act 2013 (Cth) partly on the basis of applicant's decision to exercise or not exercise a workplace right was authorised within the meaning of s 342(3)(a) of the Fair Work Act 2009 (Cth) – held: decision was authorised – applicant had no reasonable prospects of successfully prosecuting the balance of his proceeding – balance of proceeding summarily dismissed.
Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A), Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(f), 5(1)(j) Fair Work Act 2009 (Cth) ss 12, 50, 51, 52, 338, 340(1), 341(1)(b), 341(1)(c), 341(2)(b), 342(1) item 1(b) and item 1(c), 342(3)(a), 360 Federal Court of Australia Act 1976 (Cth) ss 31A(2), 37M(1)(b), 37M(2)(b), 37M(2)(e), 37N(1), 37N(2)(a), pt VB Public Governance, Performance and Accountability Act 2013 (Cth) s 65(1)
Cases cited: Ashby v Commonwealth of Australia [2021] FCA 40; 386 ALR 23 Construction, Forestry, Mining and Energy Union v De Martin & Gasparini Pty Ltd (No 2) [2017] FCA 1046 Construction, Forestry, Mining and Energy Union v Rio Tinto Coal Australia Pty Ltd [2014] FCA 462; 232 FCR 560 Ex parte Johnson; Re MacMillan (1946) 47 SR (NSW) 16 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60; 167 FCR 372 Keech v Metropolitan Health Service (WA) [2010] FCA 1332; 215 FCR 393 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v BHA17 [2018] FCAFC 68; 260 FCR 523 Riva NSW Pty Ltd v Official Trustee in Bankruptcy [2017] FCA 188 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 Waters v Public Transport Corporation (1991) 173 CLR 349
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate