B, C and D v Australian Postal Corporation T/A Australia Post
[2013] FWCFB 6191
Citation 1
…15. The Federal Court has construed the section in proceedings in the Court which included both a claim under the Industrial Relations Act (which contained a similar provision to s.570 of the Act) and a claim for damages for wrongful dismissal at common law. The Full Court in Bostik (Aust) Pty Ltd v…
Construction, Forestry, Mining and Energy Union v Clarke
[2008] FCAFC 143
Citation 2
…38. In CMFEU v Clarke (2008) 170 FCR 574 at paragraph 29, the Full Court of the Federal Court stated its view that:…
Mills v Rothmore Farms Pty Ltd (in Liquidation) No. Scciv-99-1032
[2002] SASC 134
Citation 3
…21. In Re Wakim [1999] HCA 27; (1999) 198 CLR 511, the High Court at paragraph 71 stated that, “ If the substratum of fact which gives rise to a matter in federal jurisdiction cannot be effectively disposed of without the application of State law , the issues of State law are determined in the exercise of federal jur…
Re Wakim; Ex parte McNally
[1999] HCA 27
Citation 4
…21. In Re Wakim [1999] HCA 27; (1999) 198 CLR 511, the High Court at paragraph 71 stated that, “ If the substratum of fact which gives rise to a matter in federal jurisdiction cannot be effectively disposed of without the application of State law , the issues of State law are determined in the exercise of federa…
Re Minister For Immigration and Ethnic Affairs; ex parte Lai Qin
[1997] HCA 6
Citation 5
…45. Justice McHugh in Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 at 624-625 said that:…
Fencott v Muller
[1983] HCA 12
Citation 6
…are determined in the exercise of federal jurisdiction (Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457; Fencott v Muller (1983) 152 CLR 570; Stack v Coast Securities (No 9) Pty Ltd [1983] HCA 36; (1983) 154 CLR 261). As Mason, Brennan and Deane JJ pointed out in Stack v Coast Securities (No…
Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd
[1981] HCA 7
Citation 7
…State law , the issues of State law are determined in the exercise of federal jurisdiction (Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457; Fencott v Muller (1983) 152 CLR 570; Stack v Coast Securities (No 9) Pty Ltd [1983] HCA 36; (1983) 154 CLR 261). As Mason, Brennan and Deane JJ pointe…
Bostik (Australia) Pty Ltd v Gorgevski (No 2)
[1992] FCA 492
Citation 8
…vision to s.570 of the Act) and a claim for damages for wrongful dismissal at common law. The Full Court in Bostik (Aust) Pty Ltd v Georgevski (No.2) (1992) 36 FCR 439 (“ Bostik ”) held that both claims arose under the Industrial Relations Act and the Court refused to order costs on the common law claim.…