Finlay v Roads and Maritime Services [2013] NSWADT 238
Clause 1.2(b) is not a term of the conciliation agreement obliging RMS to act; even if it were a term, RMS has not failed to comply as no final decision has been made regarding the applicant's position.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 08 October 2013
- Procedural Posture
- Application for Registration of Conciliation Agreement / Decision
- Outcome
- Application refused
- Legal Topics
- ['registration of Conciliation Agreement' 'deed of Release' 'compliance With Agreement Terms']
['anti Discrimination'] ['registration of Conciliation Agreement' 'deed of Release' 'compliance With Agreement Terms']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Application for Registration of Conciliation Agreement / Decision
Legal Issues
- 1 ['Whether clause 1.2(b) is a term of the conciliation agreement' 'Whether RMS failed to comply with the term']
Ratio Decidendi
Clause 1.2(b) is not a term of the conciliation agreement obliging RMS to act; even if it were a term, RMS has not failed to comply as no final decision has been made regarding the applicant's position.
Court Disposition
Application refused
Orders
- ["The applicant's application for the Tribunal to register a term of the conciliation agreement is refused."]
Full Case Text
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