Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458 File number(s): NSD 1354 of 2023
Judgment of: SHARIFF J
Date of judgment: 22 November 2023
Date of publication of reasons: 8 December 2023
Catchwords: ADMINSTRATIVE LAW – Employment Law - application for judicial review – interlocutory application for suspension of a decision to suspend APS employee from employment – serious question to be tried – balance of convenience – orders made
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, 15(1) Fair Work Act 2009 (Cth) s 340, 341, 342, 361 Federal Court of Australia Act 1976 (Cth) s 37AF, 37AI National Disability Insurance Scheme Act 2013 s 67A Public Service Regulations 2023 (Cth) regulation 14
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Dunstan v Orr [2008] FCA 31; (2008) 217 FCR 559 Galaxy Day Care Pty Ltd v Secretary, Department of Education and Training [2018] FCA 1549 Malek Fahd Islamic School Ltd v Minister For Education and Training [2017] FCA 757 Nelson v Commissioner of Taxation [2017] FCA 819; (2017) 158 ALD 275 Nyangatjatjara Aboriginal Corporation v Registrar of Aboriginal Corporations (No 2) [2006] FCA 675 Quinn v Overland [2010] FCA 799; (2018) 199 IR 40 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156
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