Victoria Leeman

Victoria Leeman made an application to the Federal Circuit Court of Australia, seeking an order to stop bullying in relation to her work in Roads and Maritime Services. The court was required to determine whether it had the jurisdiction to hear the application. The key legal issues were whether Leeman was ‘at work in’ Roads and Maritime Services, whether Roads and Maritime Services was a constitutionally-covered business, and whether it was a trading corporation engaging in substantial or significant trading activities.

The court considered that Leeman was indeed ‘at work in’ Roads and Maritime Services as she was employed by the entity and performing her duties when the alleged bullying occurred. Regarding the constitutional coverage, the court examined the scope of section 51(xxxv) of the Constitution and whether Roads and Maritime Services engaged in trading or commercial activities. It found that the entity was a trading corporation and engaged in substantial trading activities, thus falling within the scope of the Constitution. The court dismissed the jurisdictional objections, concluding that it had the authority to hear the application.

Consequently, the jurisdictional objections raised by the respondent were dismissed, paving the way for the court to proceed with the substantive application for an order to stop the alleged bullying in relation to Leeman's work in Roads and Maritime Services.