Family and domestic violence leave review 2021

In this matter, the applicant, who is an employee, sought judicial review of a decision made by the respondent, an entity responsible for conducting research programs, to vary certain directions that had been issued in relation to family and domestic violence leave. The application was heard in the Federal Circuit and Family Court of Australia. The primary issue before the court was whether the decision to vary the directions was lawful, and if not, whether the directions should be quashed or set aside. A secondary issue was whether the respondent had provided the applicant with a fair opportunity to comment on the proposed variations.

The court considered the applicable legislation and relevant case law to determine the appropriate standard of review. The court found that the decision to vary the directions was subject to judicial review, and that the standard of review was whether the decision was lawful, rational and procedurally fair. The court also found that the respondent had a duty to provide the applicant with a fair opportunity to comment on the proposed variations, and that this duty had not been met. The court held that the decision to vary the directions was unlawful because the applicant had not been given a fair opportunity to comment, and that the directions should therefore be quashed. The court varied the directions to ensure that the applicant was given a fair opportunity to comment on any future variations.