Peek v CEO, Australian Government Solicitor (No 3) [2005] FCA 1925

Peek v CEO, Australian Government Solicitor (No 3) [2005] FCA 1925

The applicant failed to establish any breach by the respondents of undertakings given to the Court, and failed to show any entitlement as of right to restoration of salary or entitlements while not working. Accordingly, orders sought for restoration of salary and entitlements are refused.

Jurisdiction
Australia
Judgment Date
15 December 2005
Procedural Posture
Motion / Interlocutory (ex Tempore Judgment on Notice of Motion)
Outcome
Application for restoration of salary and entitlements refused. Referral to pro bono legal assistance ordered. Other motions adjourned.
Legal Topics
['restoration of Salary' 'undertakings to the Court' 'leave Without Pay' 'entitlements Pending Litigation' 'referral to Pro Bono Panel']
['employment Law'] ['restoration of Salary' 'undertakings to the Court' 'leave Without Pay' 'entitlements Pending Litigation' 'referral to Pro Bono Panel']

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Procedural Posture

Motion / Interlocutory (ex Tempore Judgment on Notice of Motion)

Legal Issues

  1. 1 ['Whether respondents failed to fulfil undertakings given to the Court on 8 June 2005' 'Whether the applicant is entitled to restoration of salary and entitlements from 7 November 2005 pending resolution of proceedings']

Ratio Decidendi

The applicant failed to establish any breach by the respondents of undertakings given to the Court, and failed to show any entitlement as of right to restoration of salary or entitlements while not working. Accordingly, orders sought for restoration of salary and entitlements are refused.

Court Disposition

Application for restoration of salary and entitlements refused. Referral to pro bono legal assistance ordered. Other motions adjourned.

Orders

  • ['Respondents granted leave to file affidavits of T N Phillips and J Smith.' 'Applicant referred to Registrar for referral to a legal practitioner on the pro bono panel pursuant to Order 80 r 4.' "Applicant's application for an order restoring salary and entitlements from 7 November 2005 refused." "Applicant's...