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Australia Case Law

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Civil procedure

Sweeten v Maher

The Industrial Court dismissed a s 106 unfair contract claim as an abuse of process, holding it repeated issues already settled in earlier proceedings.

  • Summary dismissal
  • Abuse of process
  • Relitigation
  • Settlement deed interpretation
  • Unfair contract under s 106
  • Summary-dismissal
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Employment law

Edwards v Golden Cockerel Pty Ltd

Edwards v Golden Cockerel Pty Ltd [2025] FCA 152

The Federal Court dismissed Ms Edwards’ Fair Work claims, held Golden Cockerel had no case to answer, and struck out the amended statement of claim.

  • Fair work act s 340
  • Fair work act s 351
  • Strike out pleadings
  • No case to answer
  • Covid-19 vaccination policy
  • Religious discrimination
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Industrial law

Jolly v Sharma

Jolly v Sharma [2025] FCAFC 20

The Full Court dismissed an appeal challenging Union rules as oppressive, unreasonable or unjust for not guaranteeing funding to a branch division.

  • Registered organisations
  • Union rules
  • Oppressive rules
  • Internal governance
  • Funding of union divisions
  • Registered-organisations
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Industrial law

Construction, Forestry and Maritime Employees Union v Sydney International Container Terminals Pty Ltd

Construction, Forestry and Maritime Employees Union v Sydney International Container Terminals Pty Ltd [2025] FCAFC 19

The Full Court dismissed the Union’s appeal, holding the enterprise agreement did not give employees an unconditional right to be paid after the annual-hours threshold during a refusal to work.

  • Enterprise agreement interpretation
  • Industrial action
  • Payment during strikes
  • Protected industrial action
  • Statutory construction
  • Enterprise-agreement-interpretation
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Industrial law

Wollermann v Fortrend Securities Pty Ltd

Wollermann v Fortrend Securities Pty Ltd [2025] FCA 103

The Court found Fortrend unlawfully withheld bonus payments, made unauthorised salary deductions, and failed to provide compliant pay slips; Mr Forster was partly liable as accessory.

  • Withholding of bonus payments
  • Unlawful deductions from salary
  • Provision of pay slips
  • Accessory liability
  • Long service leave entitlements
  • Fair-work-act
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Industrial law

Charisse Cachuela v Commissioner of Police

Charisse Cachuela v Commissioner of Police [2025] NSWIRComm 1

The Commission refused an extension of time to appeal, finding no adequate explanation for a 41-day delay and no reasonable prospect of success.

  • Extension of time to appeal
  • Appeals
  • Jurisdiction
  • Unfair dismissal
  • Probationary employment
  • Procedural law
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Industrial law

Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2)

Electoral Commissioner, in the matter of an inquiry relating to an election for an office in the Australian Education Union (No 2) [2025] FCA 57

The Federal Court terminated an inquiry into a union delegate election after finding an irregular nomination defect but no useful relief remained available.

  • Election irregularity
  • Registered organisations
  • Union elections
  • Procedural fairness
  • Termination of inquiry
  • Industrial-law
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.