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Attrill v State of Queensland[2011] QCAT 361

Attrill v State of Queensland[2011] QCAT 361

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Editorial Notes

  • Published Case Name:

    Attrill v State of Queensland

  • Shortened Case Name:

    Attrill v State of Queensland

  • MNC:

    [2011] QCAT 361

  • Court:

    QCAT

  • Judge(s):

    Member C Endicott

  • Date:

    05 Aug 2011

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2011] QCAT 36105 Aug 2011Ms Attrill applied to the tribunal for an injunction to restrain her employer, Queensland Corrective Services, part of the Department of Community Safety, from continuing an ill health retirement process until such time as the Anti-Discrimination Commission of Queensland had considered her complaint of an alleged contravention of the Anti-Discrimination Act 1991. Application refused: C Endicott, Senior Member.
Primary Judgment[2012] QCATA 3124 Feb 2012The Appeal Tribunal found that on a proper construction construction of s 15 of the Anti-Discrimination Act and Chapter 5 Part 7 of the Public Service Act, that Ms Attrill did have a basis on which to make a valid complaint against the Department for contravention 12 of the AD Act, and that the decision below that QCAT had no jurisdiction to grant an injunction under s 144 of the AD Act was set aside. Justice Alan Wilson, President Michelle Howard, Member.
Appeal Determined (QCA)[2012] QCA 299 [2012] 227 IR 43502 Nov 2012Appeal dismissed with costs: McMurdo P, Holmes JA, Douglas J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
B v Queensland Nursing Council [2002] QADT 42 citations
Butler v Attorney-General (Vic) (1961) 106 CLR 2682 citations
Ferdinands v Commissioner for Public Employment (2006) 80 ALJR 5553 citations
Goodwin v Phillips (1908) 7 CLR 12 citations
Mount ISA Mines Ltd v Joe Kirvensniemi [1998] QSC 2872 citations
Qantas Airways Ltd v Christie (1998) 193 CLR 2801 citation
Saraswati v The Queen (1991) 172 C.L.R 12 citations
Simpson v Welsh and Queensland Police Service [2002] QADT 172 citations
Toganivalu v Brown & Department of Corrective Services [2006] QADT 131 citation

Cases Citing

Case NameFull CitationFrequency
GK v Dovedeen Pty Ltd & Anor (No 3) [2011] QCAT 5092 citations
1

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