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Commonwealth Bank Of Australia V Barker
''Commonwealth Bank of Australia v Barker'' is a leading Australian judgment of the High Court which unanimously and firmly rejected the proposition that contracts of employment in Australia should contain an implied term of mutual trust and confidence. Background Factual Background Mr Barker was employed by the Commonwealth Bank from when he left school in 1981. per Besanko J. By 2004 he had been promoted to a position as an executive manager. On 2 March 2009, Mr Barker was told that his position was to be made redundant and that if he was not redeployed within the Bank his employment would be terminated. Mr Barker was placed on paid leave and his access to the Bank's intranet and email facilities was terminated. Having been deprived of access to his Bank email account and voicemail, Mr Barker was not informed about an alternative position within the Bank until 26 March 2009. He was not contacted by the recruitment consultant involved in facilitating the recruitment proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Besanko
Anthony Besanko (born 8 May 1954) is an Australian jurist who has served as judge of the Federal Court of Australia since April 2006. He has also served as additional judge in the ACT Supreme Court since March 2007. He is also Chief Justice of the Supreme Court of Norfolk Island since 2015. From 1984 to 2001 he practiced as a barrister in South Australia, working in corporation and administration law and native title, and was president of the South Australian Bar Association from 2000 to 2001. From 2001 to 2006 he was a judge of the Supreme Court of South Australia. From 2021 he presided over Ben Roberts-Smith Benjamin Roberts-Smith (born 1 November 1978) is an Australian businessman and a former Australian Army soldier. The Victoria Cross (VC) in 2011 and the Medal for Gallantry (MG) in 2006 made Roberts-Smith the most highly decorated serving membe ...'s defamation proceedings against several major newspapers, dismissing the case on 1 June 2023. References {{Australia- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Gillard
Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Places * Bill, Wyoming, an unincorporated community, United States * Billstown, Arkansas, an unincorporated community, United States * Billville, Indiana, an unincorporated community, United States People * Bill (given name) * Bill (surname) * Bill (footballer, born 1978), ''Alessandro Faria'', Togolese football forward * Bill (footballer, born 1984), ''Rosimar Amâncio'', a Brazilian football forward * Bill (footballer, born 1999), ''Fabricio Rodrigues da Silva Ferreira'', a Brazilian forward Arts, media, and entertainment Characters * Bill (''Kill Bill''), a character in the ''Kill Bill'' films * William “Bill“ S. Preston, Esquire, The first of the titular duo of the Bill & Ted film series * A lizard in Lewis Carroll's '' Alice's Adve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillip Evatt
Phillip George Evatt, (2 July 1922 – 20 March 2010) was an Australian naval officer and jurist who serviced as a judge on the Federal Court of Australia from 1977 to 1987. Evatt received a Bachelor of Laws from the University of Sydney. He served as lieutenant in the Royal Australian Navy from 1940 to 1946, including on the British submarine . He was awarded the Distinguished Service Cross for his part in the sinking of German submarine '' U-486'' in 1945. Evatt was admitted as a barrister in New South Wales in 1951. During his career as a jurist, he served on several courts, including the Supreme Court of the Northern Territory (1976–1987), the Supreme Court of the Australian Capital Territory (1974–1987), and the Supreme Court of Norfolk Island The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. (NI) s 5 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reginald Smithers
Sir Reginald Allfree Smithers (born 1903 in Echuca, Victoria – died January 1994) was an Australian lawyer and judge. Smithers educated at Melbourne Grammar School. Admitted to the Bar in 1929, he was appointed a King's Counsel in 1951. was a judge of the Federal Court of Australia from 1 February 1977 to 30 September 1986. Smithers was the Chancellor of La Trobe University La Trobe University is a public research university based in Melbourne, Victoria, Australia. Its main campus is located in the suburb of Bundoora. The university was established in 1964, becoming the third university in the state of Victoria an ... from 1972 to 1980. He was knighted in the 1980 New Year Honours for service to law. References {{DEFAULTSORT:Smithers, Reginald 1903 births 1994 deaths 20th-century Australian judges People educated at Melbourne Grammar School ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Law Reports
The Australian Law Reports are a series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction. The reports are not officially authorised. After each authorised series they are the most often cited series of law reports in Australia. They were previously called the Australian Argus Law Reports. See also * Commonwealth Law Reports * List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... References {{Australia-law-stub Law of Australia Case law reporters ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ridge V Baldwin
''Ridge v Baldwin'' 964AC 40 was a UK labour law case heard by the House of Lords. The decision extended the doctrine of natural justice (procedural fairness in judicial hearings) into the realm of administrative decision making. As a result, the case has been described as "the landmark case" that opened up decisions taken by the UK executive to judicial review in English law. Facts The Brighton police authority dismissed its Chief Constable (Charles Ridge) without offering him an opportunity to defend his actions. The Chief Constable appealed, arguing that the Brighton Watch Committee (headed by George Baldwin) had acted unlawfully (''ultra vires'') in terminating his appointment in 1958 following criminal proceedings against him. Ridge also sought financial reparation from the police authority; having declined to seek reappointment, he sought a reinstatement of his pension, to which he would have been entitled with effect from 1960 had he not been dismissed, plus damages, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Managerial Prerogative
Managerial prerogatives are also referred to as the functions and rights of management, is considered as the discretion of the employer or manager on how to manage its business, not bound by collective bargaining. It is a term that easily leads to widespread misunderstanding. Different circles have different interpretations of this term. When it is used in the trade unions circles, is perceived as a user's support for unilateral management power and can cause protests.When used by the management circle, It is considered as exclusive right and control right without interference. Managerial prerogatives give employers or managers the power to control the direction in which their businesses are heading. Employees basically do not have this power. Managerial prerogative content Managerial prerogative is that employers and managers can freely supervise according to their own judgments. Its effective exercise includes recruitment, employment, job distribution, job supervision, working ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrial Award
An industrial award, sometimes known simply as an award, is a ruling in Australia handed down by either the national Fair Work Commission (or its predecessor) or by a state industrial relations commission which grants all wage earners in one industry or occupation the same minimum pay rates and conditions of employment such as leave entitlements, overtime and shift work, as well as other workplace-related conditions. The national awards, with the National Employment Standards, provide a minimum safety net of terms and conditions of employment for all national system employees. The pay rates are often called award wages or award rates. Federal awards in Australia have been stripped back in recent years in what they are allowed to contain, in order to promote the Enterprise Bargaining Agreement system. Awards in Australia are part of the system of compulsory arbitration in industrial relations. A similar system was also used in New Zealand prior to the ''Labour Relations Act 1987' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Work Act 2009
The ''Fair Work Act 2009'' (Cth) is an Act of the Parliament of Australia, passed by the Rudd Government to reform the industrial relations system of Australia. It replaced the Howard Government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission. As the core piece of Australian labour law legislation, it provides for terms and conditions of employment, and also sets out the rights and responsibilities of parties to that employment. The Act established a safety net consisting of a national set of employment standards, national minimum wage orders, and a compliance and enforcement regime. It also establishes an institutional framework for the administration of the system comprising the Fair Work Commission and the Fair Work Ombudsman, The Fair Work Divisions of the Federal Court and Federal Magistrates Court and, in some cases, state and territory courts, perform the judicial functions under the Act. The Act is the foundati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
