University of New South Wales v Brooks

The University of New South Wales and Dr. Brooks were engaged in a dispute concerning Dr. Brooks' employment termination. The case was brought to the Federal Court of Australia for review of an arbitrator's decision. Dr. Brooks argued that the Arbitrator failed to give reasons for the decision, did not determine the issues in dispute, did not consider evidence, failed to draw an inference from Jones v Dunkel, and reversed the onus of proof. The University defended the Arbitrator's decision.

The court had to decide whether the Arbitrator failed to provide adequate reasons for the decision, failed to determine the issues in dispute, failed to consider evidence, failed to draw an inference from Jones v Dunkel, and reversed the onus of proof. The court examined the Arbitrator's decision and found that the Arbitrator failed to give reasons for the decision, did not determine the issues in dispute, did not consider evidence, failed to draw an inference from Jones v Dunkel, and reversed the onus of proof. The court held that the Arbitrator's decision was flawed and remitted the matter to a different Arbitrator for re-determination.

The court revoked the Arbitrator's determination of 30 June 2014 and remitted the matter to a different Arbitrator for re-determination in accordance with the reasons in this decision. Each party was to pay their own costs of the appeal, and the costs of the first arbitration and of the second arbitration were to follow the outcome of the second arbitration. The court held that the Arbitrator's decision was flawed and that the matter should be re-determined by a different Arbitrator.