McGinn v Department of Family and Community Services [2018] NSWSC 103

Supreme Court New South Wales

Medium Neutral Citation: McGinn v Department of Family and Community Services [2018] NSWSC 103 Hearing dates: 8 February 2018 Decision date: 14 February 2018 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings dismissed Catchwords: PROCEDURE – civil – abuse of process –proceedings for breach of employment contract raising a question as to whether the plaintiff's employment was ongoing – where the same question was determined in earlier proceedings in the Industrial Relations Commission – whether a determination of the Industrial Relations Commission is capable of creating issue estoppel – whether issue estoppel arose Legislation Cited: Government Sector Employment Act 2013 (NSW), ss 47(1)(f), 74(1) Industrial Relations Act 1996 (NSW), ss 3, 84, 87 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4(1), 14.28(1) Workplace Relations Act 1996 (Cth), ss 170CA, 170CG Cases Cited: Administration of Papua and New Guinea v Daera Guba (1973) 130 CLR 353 Carl Zeiss Stiftung v Raymer & Keeler Ltd [No 2] [1967] 1 AC 853 Kuligowski v Metrobus (2004) 220 CLR 363; [2004] HCA 34 Lambidis v Commissioner of Police (1995) 37 NSWLR 320 McGinn v Department of Family and Community Services [2017] NSWSC 1124 McGinn v Secretary, Family and Community Services [2017] NSWIRComm 1039 Miller v University of New South Wales [2003] 132 FCR 147; [2003] FCAFC 180 Moylan v City of South Perth (2006) 157 IR 441; [2006] WASC 262 Ramsay v Pigram (1968) 118 CLR 271 at 276 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Category: Procedural and other rulings Parties: Sophia McGinn (plaintiff) Department of Family and Community Services (defendant) Representation: Counsel: Plaintiff self-represented Y Shariff (defendant)