Maleknia v University of Sydney

The Court of Appeal of New South Wales was asked to consider proceedings instituted by Dr Maleknia against the University of Sydney. The nature of the dispute concerned a decision made by the Fair Work Commission.

The central legal issue before the Court of Appeal was whether it possessed jurisdiction to hear the proceedings brought by Dr Maleknia in respect of the Fair Work Commission's decision.

Barrett AJA determined that the Court of Appeal lacked the necessary jurisdiction to entertain the appeal. Consequently, the proceedings instituted by Dr Maleknia were dismissed. Dr Maleknia was ordered to pay the costs of the University of Sydney in relation to both the appeal and a notice of motion. An outstanding application for a lump sum costs order was remitted to the Registrar's list for further determination.