Federal Court of Australia
Federal Court of Australia
Bizuneh v Commissioner, Australian Electoral Commission [2022] FCA 1198 File number(s): NSD 90 of 2022
Judgment of: RAPER J
Date of judgment: 7 October 2022
Catchwords: INDUSTRIAL LAW – where the applicant's employment was terminated – where the applicant claims breaches of ss 15(3), 15(4), 29(1), 41B(3) and 50A of the Public Service Act 1999 (Cth) and under s 39B(1) and 39B(1A)(c) of the Judiciary Act 1903 (Cth). PRACTICE AND PROCEDURE – interlocutory application by the respondent for summary judgment and strike out – interlocutory application by the applicant to dismiss the respondent's interlocutory application –– whether the applicant has no reasonable prospects of success – respondent's application to strike out parts of the applicant's claim partially successful – applicant allowed to re-plead one aspect of his claim- applicant's interlocutory application dismissed
Legislation: Age Discrimination Act 2004 (Cth) Fair Work Act 2009 (Cth) ss 351(1), 117, 392 Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2), 37M, 37N Judiciary Act 1903 (Cth) ss 39B(1), 39B(1A) Public Service Act 1999 (Cth) ss 7, 15(3), 15(4), 22(2), 29(1), 41B(3), 50A(2), 78 Racial Discrimination Act 1975 (Cth) ss 9(1), 15(1) Sex Discrimination Act 1984 (Cth) Federal Court Rules 2011 (Cth) rr 16.02, 16.21, 16.21(1)(e)
Cases cited: Adnunat Pty Ltd v ITW Construction Systems Australia Pty Ltd [2009] FCA 499 Chandrasekaran v Commonwealth (No 3) [2020] FCA 1629 Cook v Australian Postal Corporation [2017] FCA 509 Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd [2007] FCA 489 Kimber v Owners of Strata Plan No. 48216 [2017] FCAFC 226; 258 FCR 575 Kitoko v University of Technology Sydney [2021] FCA 360 McGuirk v University of New South Wales [2009] NSWSC 1424 Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) [2017] FCA 1202; 123 ACSR 223 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 White Industries Aust Ltd v Federal Commissioner of Taxation [2007] FCA 511; 160 FCR 298
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