About this NPA
The Employment and Industrial Relations National Practice Area (NPA) comprises of civil and criminal matters arising under the Fair Work jurisdiction and related legislation including:
- workplace-related applications
- writs of mandamus or prohibition
- matters transferred or appealed from the Federal Circuit Court, other Courts or the Fair Work Commission.
- 23 Jul 2021:
Ashby v Commonwealth of Australia (No 2)  FCA 830
PRACTICE AND PROCEDURE - application for summary judgment - where balance of applicant's proceeding relied on the finding of adverse action within the meaning of s 342(1) of the Fair Work Act 2009 (Cth) - whether decision to refuse to grant an act of grace payment under s 65(1) of the Public Governance, Performance and Accountability Act 2013…
Judge: Bromwich J
- 23 Jul 2021:
Friend v Comcare  FCA 837
WORKERS' COMPENSATION - statutory interpretation - whether payment to settle claim constituted 'damages' or a 'recovery of damages' within the meaning of s 48(1)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRCA) - where Comcare had accepted the employee's claim for compensation in respect of physical and mental injuries…
Judge: Rares J
- 15 Jul 2021:
Australian Municipal, Administrative, Clerical and Services Union v Hobsons Bay City Council  FCA 806
PRACTICE AND PROCEDURE - application for stay of a proceeding pending determination of Fair Work Commission application - application pursuant to s 217 of the Fair Work Act 2009 (Cth) to vary enterprise agreement to remove ambiguity - whether discretion of Court to grant stay should be exercised - application granted
Judge: Anastassiou J
Latest Speeches & Papers
- 3 Dec 2020:
Conversation on current issues in the practice of Employment and Industrial Law
Video recording of the webinar presented online on 3 December 2020.
Form & Rules
The key forms and rules for commencing proceedings are:
- Commencing an originating application alleging dismissal in contravention of a general protection proceeding:
- Commencing application for a writ of mandamus, prohibition or injunction under section 39B of the Judiciary Act 1903 (Cth) must file:
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