Taylor v Commonwealth of Australia represented by the Department of Health

Dr Taylor, an employee of the Department of Health, sought interlocutory injunctive relief against her employer, the Commonwealth of Australia, represented by the Department of Health. The relief was sought to preserve the status quo until the substantive hearing of her claims for adverse action, wrongful suspension and other breaches of workplace rights under the Fair Work Act 2009. Dr Taylor relied on extensive affidavit material, including medical reports, to support her case. The Department of Health offered substantial undertakings, including not making formal determinations on certain investigations and suspending certain directions, in an effort to address Dr Taylor's concerns.

The legal issues before the Court were whether the applicant had demonstrated a serious question to be tried in relation to her claims and, if so, whether the balance of convenience favoured the grant of interlocutory relief. The Court found that while Dr Taylor had presented a strong case on the merits, the balance of convenience did not favour her. The Court was persuaded by the Department's profferred undertakings, which aimed to address Dr Taylor's concerns and preserve the status quo pending the substantive hearing.

The Court concluded that the balance of convenience strongly favoured the respondent in terms of preserving the status quo. Dr Taylor's application for interlocutory injunctive relief was dismissed. The Court made no order as to costs. The Court also directed the respondent to file and serve affidavits explaining the late production of documents on the morning of 27 September 2019.

The orders of the Court were that the interlocutory relief sought in the originating application filed on 13 August 2019 is refused, there be no order as to costs, and within 14 days hereof the respondent is to file and serve one or more affidavits by persons who are able to explain why documents which were produced on the morning of 27 September 2019 in response to one or other of two notices to produce issued by the applicant were not provided to the applicant prior to the hearing on 25 September 2019.