Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Public Sector Management Office and anor (No 2) [2004] NSWIRComm 344

Industrial Relations Commission of New South Wales in Court Session

CITATION : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Public Sector Management Office and anor (No 2) [2004] NSWIRComm 344 revised - 08/02/2005 APPLICANT Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

FIRST RESPONDENT PARTIES : Public Sector Management Office

SECOND RESPONDENT Legal Aid Commission Legal Aid Commission of New South Wales FILE NUMBER: 6627 of 2003 CORAM: Marks J CATCHWORDS : Award sought - whether implied term requiring indemnification of employee in employment contract - authoritities considered - indemnification sought where legal services provided without reasonable prospect of success - appropriate to make award - proceedings stood over to allow parties to draft and submit award. LEGISLATION CITED : Industrial Relations Commission 1996 Legal Profession Act s 198M Adamson v Jarvis [1824-34] All ER Rep 120 CASES CITED : Re Famatina Development Corporation Ltd [1914] 2 Ch 271 Simmons v The Commissioner for Railways (1948) ST R QD 19 HEARING DATES: 07/21/2004; 07/22/2004 DATE OF JUDGMENT: 11/18/2004

APPLICANT Mr M Gibian of counsel Solicitor: Mr A Howell Jones Staff and Co

LEGAL REPRESENTATIVES: SECOND RESPONDENT Mr S E J Prince of counsel Solicitor: Ms L Booker Legal Aid Commission