Police Federation of Australia v Nixon

The Police Federation of Australia filed a case against Nixon, with the nature of the dispute being centred on the restraint of respondents from directing Senior Sergeant Paul Mullett to furnish any information, produce any document or answer any question relevant to the "Bullying Allegations." The case was heard in the Supreme Court of Victoria. The legal issues that the court was required to decide included whether the respondents should be restrained from directing Senior Sergeant Paul Mullett to furnish any information, produce any document or answer any question relevant to the "Bullying Allegations." Additionally, the court needed to determine if the costs of each party of and incidental to the motion on notice dated 23 January 2008 would be costs in the cause.

The court's reasoning was that, given the circumstances, it was appropriate to restrain the respondents from directing Senior Sergeant Paul Mullett to furnish any information, produce any document or answer any question relevant to the "Bullying Allegations" until the hearing and determination of the application or further order. This decision was made to prevent potential hardship or injustice to one side or the other. Furthermore, the court found that the costs of each party of and incidental to the motion on notice dated 23 January 2008 would be costs in the cause. Lastly, a directions hearing was scheduled for 2 May 2008 at 10.15 am to prepare the application for trial.

In conclusion, the court granted the restraining order on Senior Sergeant Paul Mullett, reserving liberty for any party to apply on not less than 48 hours notice in writing to the other parties. The court also ruled that the costs of each party of and incidental to the motion on notice dated 23 January 2008 would be costs in the cause. Lastly, a directions hearing was scheduled for 2 May 2008 at 10.15 am to ensure the application was ready for trial.