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Attrill v Department of Corrective Services[2012] QCATA 31

Attrill v Department of Corrective Services[2012] QCATA 31

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Editorial Notes

  • Published Case Name:

    Attrill v Department of Corrective Services

  • Shortened Case Name:

    Attrill v Department of Corrective Services

  • MNC:

    [2012] QCATA 31

  • Court:

    QCATA

  • Judge(s):

    Alan Wilson P, Member Michelle Howard

  • Date:

    24 Feb 2012

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
Butler v Attorney-General (Vic) (1961) 106 CLR 2682 citations
Ferdinand v Commissioner for Public Employment (2006) ALJR 802 citations
Goodwin v Phillips (1908) 7 CLR 13 citations
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 5664 citations
Saraswati v The Queen (1991) 172 C.L.R 12 citations
Trade Practices Commission v BP Australia (1985) 7 FCR 4992 citations

Cases Citing

Case NameFull CitationFrequency
Rivers, Jay v Burleigh Marr Distributions Pty Ltd and Ors [2019] QIRC 701 citation
1

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