Cook v Australian Postal Corporation [2017] FCA 509

Cook v Australian Postal Corporation [2017] FCA 509

The applicant does not have no reasonable prospect of success: It is arguable that the Commissioner and Full Bench erred in law by not considering Mr Cook’s submission that termination was unlawful under s 772(1)(d) and (e); thus, summary judgment is inappropriate.

Jurisdiction
Australia
Judgment Date
15 May 2017
Procedural Posture
Judicial Review Application / Interlocutory Application for Summary Judgment
Outcome
Interlocutory application for summary judgment dismissed
Legal Topics
['summary Dismissal' 'judicial Review' 'unfair Dismissal' 'jurisdictional Error' 'error of Law']
['practice and Procedure' 'industrial Law' 'administrative Law'] ['summary Dismissal' 'judicial Review' 'unfair Dismissal' 'jurisdictional Error' 'error of Law']

Case Brief

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Procedural Posture

Judicial Review Application / Interlocutory Application for Summary Judgment

Legal Issues

  1. 1 ['Whether applicant has reasonable prospect of establishing jurisdictional error or error of law on the face of the record' 'Whether grounds raised by applicant show an arguable error by the Fair Work Commission or Full Bench' 'Interplay between s 772 and unfair dismissal provisions in the Fair Work Act 2009 (Cth)']

Ratio Decidendi

The applicant does not have no reasonable prospect of success: It is arguable that the Commissioner and Full Bench erred in law by not considering Mr Cook’s submission that termination was unlawful under s 772(1)(d) and (e); thus, summary judgment is inappropriate.

Court Disposition

Interlocutory application for summary judgment dismissed

Orders

  • ["The first respondent's interlocutory application for summary judgment filed on 31 March 2017 be dismissed." "By 22 May 2017, the applicant file and serve an amended originating application identifying the relief he seeks which is within the Court's power to grant." 'By 29 May 2017, the applicant serve on the first...