Judicial review grounds
doctrinal
FED
judicial_review_grounds
branch: jurisdiction_constitutional
Synthesis · 561 tagged cases
561 tagged decisions (138 as primary). Of primary decisions, the most common outcome is '(unspecified)' (62, 45%).
Outcome distribution
| Outcome | n | % |
|---|---|---|
| Resolved (unspecified) | 62 | 45% |
| Against applicant dismissed | 33 | 24% |
| For applicant granted | 17 | 12% |
| Resolved partial | 10 | 7% |
| Resolved other | 8 | 6% |
| Resolved adjourned | 3 | 2% |
| Against applicant dismissed_jurisdiction | 2 | 1% |
| Resolved allowed | 1 | 1% |
| Resolved stayed | 1 | 1% |
| For applicant upheld | 1 | 1% |
By jurisdiction
| Court | n |
|---|---|
| Fair Work Commission | 143 |
| Single Commissioner (WAIRC) | 73 |
| Fair Work Commission (Full Bench) | 62 |
| Federal Court of Australia | 61 |
| High Court of Australia | 36 |
| Federal Court (Full Court) | 31 |
| WA Court of Appeal | 25 |
| Full Bench (WAIRC) | 25 |
| Industrial Appeal Court | 19 |
| Fair Work Australia (Full Bench, former) | 19 |
| VSC | 9 |
| NSWCA | 6 |
| WA Supreme Court | 6 |
| QSC | 5 |
| AIRC Full Bench (former) | 5 |
| Fair Work Australia (former) | 4 |
| Industrial Magistrates Court | 4 |
| Federal Circuit Court of Australia | 4 |
| Federal Magistrates Court (former) | 3 |
| ? | 3 |
| NSWSC | 2 |
| ACTSC | 2 |
| NSWIRComm | 2 |
| Federal Circuit and Family Court (Div 2 General) | 2 |
| FWAA | 1 |
| VSCA | 1 |
| TASSC | 1 |
| NSWADTAP | 1 |
| Australian Industrial Relations Commission (former) | 1 |
| Commission in Court Session (WAIRC) | 1 |
| SASCFC | 1 |
| SASC | 1 |
| IRCA | 1 |
| Public Service Appeal Board (former) | 1 |
Key articulated principles · 12
para 3 — from [1999] FCA 1836
Federal Court
An administrative decision-maker under a duty to give reasons commits an error of law if it fails to give adequate reasons; however, when deficiencies in reasons manifest a failure to comply with a specific statutory obligation (as with s 170CG(3)(a)), this constitutes a jurisdictional error regardless of the general duty to give reasons.
para 105 — from [1999] FCA 1836
Federal Court
An administrative tribunal established by statute lacks authority to determine questions of law otherwise than in accordance with the law; any misdirection in law which causes the tribunal to identify a wrong issue, ask itself a wrong question, or ignore relevant material constitutes jurisdictional error that will invalidate the tribunal's decision.
para 9 — from [1936] HCA 40
High Court
The principles applicable to reviewing a discretionary decision made by an inferior court or administrative tribunal; error must be shown to affect the tribunal's exercise of power.
para 12 — from [1936] HCA 40
High Court
An exercise of discretion may be found to be erroneous where the decision-maker acted on a wrong principle, took into account irrelevant matters, mistook facts, or is manifestly wrong.
para 45 — from [2011] FCAFC 54
Federal Court — Full Court
A distinction remains in Australian law between jurisdictional error and error within jurisdiction; an error in the exercise of discretion committed to a tribunal is error within jurisdiction, not jurisdictional error.
para 14 — from [2010] FWAFB 9963
FWAFB
In statutory interpretation, the task is to ascertain the intention of the legislature as manifested by the text; context and the purpose or object underlying the legislation must always be considered; the text of a provision, read in context and having regard to the object and purpose, is the surest guide.
para 79 — from [2004] WASCA 114
WA Court of Appeal
An appeal under s 90(1)(b) will succeed where the Full Bench has made an error in the interpretation of the Act that affects its jurisdiction to grant relief, such as wrongly assuming it has no jurisdiction to award damages in relation to a contractual benefit claim.
para 42 — from [2014] HCA 32
High Court
The common law in Australia must evolve within the limits of judicial power and not trespass into the province of legislative action. The exercise of law-making function can only occur as an incident of adjudication of particular disputes, with reference to the web of established legal principle.
para 28 — from [2005] WASCA 244
WA Court of Appeal
The Public Service Arbitrator does not possess independent power to engage in 'judicial review' or to make bare declarations of illegality; however, in determining how to deal with an industrial matter, the Arbitrator may make factual findings suggesting unlawful conduct as a step in dealing with the industrial matter.
para 9 — from [1995] HCA 58
High Court
For an administrative tribunal, jurisdictional error occurs where an error of law causes it to identify a wrong issue, ask a wrong question, ignore relevant material, rely on irrelevant material, or reach a mistaken conclusion, and that error affects the tribunal's exercise or purported exercise of power.
para 53 — from [2006] WASCA 49
WA Court of Appeal
An appeal cannot be made on the ground of error in construction or interpretation of the Act where the Full Bench has merely applied law which it has correctly understood to the facts of an individual case. It is for the Full Bench to weigh the relevant facts in light of the applicable law.
para 9 — from [1986] HCA 54
High Court
An appellate court will not order a new trial if it would inevitably result in the making of the same order as the primary judge, as such an order would be a futility.
Leading cases · by citation count
| Citation | Court | Role | Cited |
|---|---|---|---|
| [1999] FCA 1836 | Federal Court | primary | 168 |
| [2011] FCAFC 54 | Federal Court — Full Court | primary | 44 |
| [1985] HCA 81 | High Court | primary | 35 |
| [2007] FCA 388 | Federal Court | primary | 22 |
| [1995] HCA 58 | High Court | primary | 22 |
| [2018] FCAFC 77 | Federal Court — Full Court | primary | 20 |
| [2018] HCA 30 | High Court | primary | 20 |
| [2001] HCA 17 | High Court | primary | 15 |
All tagged cases · 200
| Citation | Court | Role | Date | Outcome | Cited |
|---|---|---|---|---|---|
| [1999] FCA 1836 | Federal Court | primary | 1999-01-01 | Against applicant | 168 |
| [2011] FCAFC 54 | Federal Court — Full Court | primary | 2011-04-19 | Against applicant | 44 |
| [1985] HCA 81 | High Court | primary | 1985-01-01 | For applicant | 35 |
| [2007] FCA 388 | Federal Court | primary | 2007-01-01 | For applicant | 22 |
| [1995] HCA 58 | High Court | primary | 1994-11-16 | For applicant | 22 |
| [2018] FCAFC 77 | Federal Court — Full Court | primary | 2018-05-25 | Against applicant | 20 |
| [2018] HCA 30 | High Court | primary | 2018-01-01 | For applicant | 20 |
| [2001] HCA 17 | High Court | primary | 2001-01-01 | For applicant | 15 |
| [2004] FCAFC 16 | Federal Court — Full Court | primary | 2004-01-01 | Against applicant | 11 |
| [2010] HCA 1 | High Court | primary | 2010-01-01 | For applicant | 10 |
| [1991] HCA 33 | High Court | primary | 1991-01-01 | Resolved | 10 |
| [2001] HCA 30 | High Court | primary | 2001-01-01 | Resolved | 9 |
| [2002] HCA 11 | High Court | primary | 2002-01-01 | Against applicant | 8 |
| [1979] HCA 32 | High Court | primary | 1979-01-01 | For applicant | 8 |
| [2003] WASCA 284 | WA Court of Appeal | primary | 2003-11-27 | Resolved | 7 |
| [1991] HCA 25 | High Court | primary | 1991-01-01 | For applicant | 7 |
| [2012] FCAFC 65 | Federal Court — Full Court | primary | 2012-05-10 | Against applicant | 6 |
| [1993] HCA 28 | High Court | primary | 1993-05-15 | For applicant | 6 |
| [2013] FCA 4 | Federal Court | primary | 2013-01-10 | Against applicant | 5 |
| [1984] HCA 72 | High Court | primary | 1984-01-01 | Against applicant | 5 |
| [2013] FCAFC 157 | Federal Court — Full Court | primary | 2013-12-13 | Against applicant | 4 |
| [2011] FCAFC 155 | Federal Court — Full Court | primary | 2011-12-02 | Against applicant | 4 |
| [2011] HCA 2 | High Court | primary | 2011-01-01 | Resolved | 4 |
| [2010] NSWCA 252 | NSWCA | primary | 2010-09-30 | 4 | |
| [2007] FCAFC 150 | Federal Court — Full Court | primary | 2007-01-01 | For applicant | 4 |
| [1998] FCA 1404 | Federal Court | primary | 1998-01-01 | For applicant | 4 |
| [2010] FCA 69 | Federal Court | primary | 2010-02-12 | Against applicant | 3 |
| [2024] WASCA 126 | WA Court of Appeal | primary | 2024-10-09 | Against applicant | 2 |
| [2010] WAIRC 937 | WAIRC — Single Commissioner | primary | 2010-01-01 | Against applicant | 2 |
| [1994] HCA 66 | High Court | primary | 1994-01-01 | Against applicant | 2 |
| [2026] FCA 432 | Federal Court | primary | 2026-04-15 | Resolved | 1 |
| [2026] FCA 305 | Federal Court | primary | 2026-01-01 | Against applicant | 1 |
| [2025] FCA 2 | Federal Court | primary | 2025-01-01 | Against applicant | 1 |
| [2024] WAIRC 436 | WAIRC — Single Commissioner | primary | 2024-07-10 | Resolved | 1 |
| [2024] WASCA 37 | WA Court of Appeal | primary | 2024-04-17 | Resolved | 1 |
| [2024] QSC 6 | QSC | primary | 2023-04-12 | 1 | |
| [2023] WASC 12 | WA Supreme Court | primary | 2023-01-31 | Against applicant | 1 |
| [2022] WASC 401 | WA Supreme Court | primary | 2022-12-01 | Against applicant | 1 |
| [2021] FCA 1476 | Federal Court | primary | 2021-11-24 | Against applicant | 1 |
| [2019] FCA 1782 | Federal Court | primary | 2019-11-01 | Against applicant | 1 |
| [2019] FCA 1100 | Federal Court | primary | 2019-07-15 | For applicant | 1 |
| [2019] HCA 16 | High Court | primary | 2019-01-01 | For applicant | 1 |
| [2018] FCA 15 | Federal Court | primary | 2018-01-01 | Against applicant | 1 |
| [2017] VSC 773 | VSC | primary | 2017-12-15 | 1 | |
| [2015] FCAFC 126 | Federal Court — Full Court | primary | 2015-09-03 | Against applicant | 1 |
| [2015] FCAFC 23 | Federal Court — Full Court | primary | 2015-03-05 | For applicant | 1 |
| [2012] FWAA 10420 | FWAA | primary | 2012-12-20 | 1 | |
| [2011] FMCA 210 | FMCA (former) | primary | 2011-01-01 | Against applicant | 1 |
| [2026] NSWSC 172 | NSWSC | primary | 2026-03-09 | 0 | |
| [2025] FWCFB 295 | FWC — Full Bench | primary | 2025-12-24 | 0 | |
| [2025] WAIRC 00936 | WAIRC — Single Commissioner | primary | 2025-11-25 | Resolved | 0 |
| [2025] WAIRC 00730 | WAIRC — Single Commissioner | primary | 2025-08-29 | Resolved | 0 |
| [2025] FWCFB 79 | FWC — Full Bench | primary | 2025-04-22 | 0 | |
| [2025] FWC 611 | FWC | primary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 807 | FWC | primary | 2025-01-01 | Resolved | 0 |
| [2025] FWC 666 | FWC | primary | 2025-01-01 | Against applicant | 0 |
| [2025] FWC 3221 | FWC | primary | 2025-01-01 | Against applicant | 0 |
| [2024] WAIRC 928 | WAIRC — Single Commissioner | primary | 2024-10-29 | Resolved | 0 |
| [2024] FCA 1390 | Federal Court | primary | 2024-01-01 | Against applicant | 0 |
| [2024] FCA 1292 | Federal Court | primary | 2024-01-01 | Against applicant | 0 |
| [2024] VSC 145 | VSC | primary | 2024-01-01 | 0 | |
| [2024] QSC 2 | QSC | primary | 2024-01-01 | 0 | |
| [2024] FWC 2614 | FWC | primary | 2024-01-01 | 0 | |
| [2023] VSC 624 | VSC | primary | 2023-12-20 | 0 | |
| [2023] WAIRC 806 | WAIRC — Single Commissioner | primary | 2023-10-10 | Against applicant | 0 |
| [2022] FWCFB 210 | FWC — Full Bench | primary | 2022-11-22 | 0 | |
| [2022] WAIRC 638 | WAIRC — Single Commissioner | primary | 2022-08-29 | Resolved | 0 |
| [2022] WASC 3 | WA Supreme Court | primary | 2022-01-12 | Resolved | 0 |
| [2022] NSWCA 16 | NSWCA | primary | 2022-01-01 | 0 | |
| [2021] WAIRC 653 | WAIRC — Single Commissioner | primary | 2021-12-22 | Resolved | 0 |
| [2021] WAIRC 588 | WAIRC — Single Commissioner | primary | 2021-11-23 | Resolved | 0 |
| [2021] FWCFB 4970 | FWC — Full Bench | primary | 2021-08-12 | 0 | |
| [2020] WAIRC 851 | WAIRC — Single Commissioner | primary | 2020-10-14 | Resolved | 0 |
| [2020] WAIRC 220 | WAIRC — Single Commissioner | primary | 2020-04-20 | Resolved | 0 |
| [2020] FWC 2995 | FWC | primary | 2020-01-01 | 0 | |
| [2019] FWCFB 3864 | FWC — Full Bench | primary | 2019-06-14 | 0 | |
| [2019] FWCFB 649 | FWC — Full Bench | primary | 2019-02-12 | 0 | |
| [2019] VSC 6 | VSC | primary | 2019-01-01 | 0 | |
| [2019] FWC 5373 | FWC | primary | 2019-01-01 | 0 | |
| [2019] FWC 5374 | FWC | primary | 2019-01-01 | 0 | |
| [2018] WAIRC 796 | WAIRC — Single Commissioner | primary | 2018-10-10 | Resolved | 0 |
| [2018] VSCA 252 | VSCA | primary | 2018-10-04 | 0 | |
| [2018] FWCFB 5727 | FWC — Full Bench | primary | 2018-09-11 | 0 | |
| [2018] WAIRC 429 | Industrial Appeal Court | primary | 2018-07-18 | Against applicant | 0 |
| [2018] FWCFB 3703 | FWC — Full Bench | primary | 2018-06-25 | 0 | |
| [2018] WASCA 27 | WA Court of Appeal | primary | 2018-03-14 | Against applicant | 0 |
| [2018] FWC 295 | FWC | primary | 2018-01-01 | 0 | |
| [2017] QSC 301 | QSC | primary | 2017-12-11 | 0 | |
| [2016] FWCA 2028 | FWC | primary | 2017-06-21 | 0 | |
| [2017] FWC 2591 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 2646 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 3389 | FWC | primary | 2017-01-01 | 0 | |
| [2017] FWC 4349 | FWC | primary | 2017-01-01 | 0 | |
| [2016] WAIRC 971 | WAIRC — Single Commissioner | primary | 2016-12-28 | Against applicant | 0 |
| [2016] WAIRC 780 | WAIRC — Single Commissioner | primary | 2016-09-28 | Resolved | 0 |
| [2016] FWCFB 3410 | FWC — Full Bench | primary | 2016-05-31 | 0 | |
| [2016] FWCFB 288 | FWC — Full Bench | primary | 2016-02-05 | 0 | |
| [2016] FWCFB 2480 | FWC — Full Bench | primary | 2016-01-18 | 0 | |
| [2016] VSC 527 | VSC | primary | 2016-01-01 | 0 | |
| [2016] VSC 385 | VSC | primary | 2016-01-01 | 0 | |
| [2015] VSC 703 | VSC | primary | 2015-12-11 | 0 | |
| [2015] FWCFB 6785 | FWC — Full Bench | primary | 2015-10-16 | 0 | |
| [2015] WAIRC 885 | WAIRC — Full Bench | primary | 2015-09-22 | Against applicant | 0 |
| [2015] FWCFB 5228 | FWC — Full Bench | primary | 2015-08-17 | 0 | |
| [2015] FWCFB 2835 | FWC — Full Bench | primary | 2015-05-07 | 0 | |
| [2015] WAIRC 238 | WAIRC — Single Commissioner | primary | 2015-03-13 | Resolved | 0 |
| [2015] FWCFB 644 | FWC — Full Bench | primary | 2015-02-11 | 0 | |
| [2015] WAIRC 133 | WAIRC — Single Commissioner | primary | 2015-02-04 | Resolved | 0 |
| [2015] VSC 374 | VSC | primary | 2015-01-01 | 0 | |
| [2013] FWC 867 | FWC | primary | 2013-10-10 | 0 | |
| [2014] FWCFB 5947 | FWC — Full Bench | primary | 2013-06-03 | 0 | |
| [2012] FWAFB 6511 | FWAFB | primary | 2012-06-05 | 0 | |
| [2011] FWAFB 8165 | FWAFB | primary | 2011-11-16 | 0 | |
| [2011] QSC 319 | QSC | primary | 2011-11-02 | 0 | |
| [2011] FWAFB 6251 | FWAFB | primary | 2011-09-14 | 0 | |
| [2011] FWAFB 3377 | FWAFB | primary | 2011-06-01 | 0 | |
| [2011] FWAFB 1077 | FWAFB | primary | 2011-03-11 | 0 | |
| [2011] FWAFB 1078 | FWAFB | primary | 2011-03-11 | 0 | |
| [2010] FWAFB 9413 | FWAFB | primary | 2010-12-16 | 0 | |
| [2010] FWAFB 7401 | FWAFB | primary | 2010-11-01 | 0 | |
| [2009] AIRCFB 571 | AIRCFB | primary | 2009-07-07 | 0 | |
| [2008] AIRCFB 898 | AIRCFB | primary | 2008-11-19 | 0 | |
| [2008] FMCA 811 | FMCA (former) | primary | 2008-06-30 | Resolved | 0 |
| [2008] AIRCFB 495 | AIRCFB | primary | 2008-06-06 | 0 | |
| [2007] AIRCFB 782 | AIRCFB | primary | 2007-09-18 | 0 | |
| [2007] FCAFC 64 | Federal Court — Full Court | primary | 2007-01-01 | For applicant | 0 |
| [2007] WAIRC 1039 | WAIRC — Single Commissioner | primary | 2007-01-01 | For applicant | 0 |
| [2006] AIRCFB 4 | AIRCFB | primary | 2006-10-09 | 0 | |
| [2005] NSWSC 1129 | NSWSC | primary | 2005-11-08 | 0 | |
| [2004] TASSC 28 | TASSC | primary | 2004-03-29 | 0 | |
| [2003] NSWCA 151 | NSWCA | primary | 2003-01-01 | 0 | |
| [2002] HCA 42 | High Court | primary | 2002-01-01 | For applicant | 0 |
| [1999] ACTSC 1 | ACTSC | primary | 1999-01-01 | 0 | |
| [1998] FCA 1168 | Federal Court | primary | 1998-09-17 | Against applicant | 0 |
| (1998) 78 WAIG 290 | Industrial Appeal Court | primary | 1997-11-14 | Resolved | 0 |
| (1994) 74 WAIG | Industrial Appeal Court | primary | 1993-06-09 | For applicant | 0 |
| (1975) 55 WAIG | Industrial Appeal Court | primary | 1975-01-01 | 0 | |
| [2026] WASC 247 | ? | primary | Against applicant | 0 | |
| [2018] FWCFB 901 | FWC — Full Bench | secondary | 2018-02-16 | For applicant | 460 |
| [2010] FWAFB 5343 | FWAFB | secondary | 2010-07-23 | Against applicant | 72 |
| [1964] HCA 69 | High Court | secondary | 1964-01-01 | Against applicant | 63 |
| [1989] FCA 369 | Federal Court | secondary | 1989-01-01 | For applicant | 51 |
| [2013] FCA 291 | Federal Court | secondary | 2013-04-04 | Resolved | 45 |
| [2011] FCA 975 | Federal Court | secondary | 2011-08-25 | Resolved | 38 |
| [2014] FWCFB 1973 | FWC — Full Bench | secondary | 2014-03-26 | Against applicant | 28 |
| [2025] HCA 29 | High Court | secondary | 2025-01-01 | Against applicant | 26 |
| [2005] WASCA 244 | WA Court of Appeal | secondary | 2005-12-19 | Resolved | 25 |
| [2012] FWA 7275 | FWA (former) | secondary | 2012-08-31 | Against applicant | 24 |
| [2003] FCAFC 180 | Federal Court — Full Court | secondary | 2003-01-01 | For applicant | 24 |
| [1992] HCA 66 | High Court | secondary | 1992-01-01 | Resolved | 24 |
| [2009] HCA 34 | High Court | secondary | 2009-01-01 | Resolved | 23 |
| [1986] HCA 54 | High Court | secondary | 1986-09-23 | Resolved | 20 |
| [2012] FWAFB 2206 | FWAFB | secondary | 2012-04-12 | Resolved | 15 |
| [2010] FWAFB 8753 | FWAFB | secondary | 2010-11-12 | Resolved | 15 |
| [2000] HCA 48 | High Court | secondary | 2000-01-01 | Against applicant | 15 |
| [2014] FWCFB 236 | FWC — Full Bench | secondary | 2014-01-24 | Resolved | 14 |
| [2007] WAIRC 568 | WAIRC — Single Commissioner | secondary | 2007-06-28 | Against applicant | 14 |
| [2000] HCA 40 | High Court | secondary | 2000-08-03 | Resolved | 14 |
| [2004] WASCA 312 | WA Court of Appeal | secondary | 2004-12-22 | Resolved | 13 |
| [2003] FCAFC 252 | Federal Court — Full Court | secondary | 2003-11-13 | For applicant | 12 |
| [1983] HCA 17 | High Court | secondary | 1983-01-01 | For applicant | 12 |
| [2017] HCA 53 | High Court | secondary | 2017-01-01 | Resolved | 11 |
| [2002] WASCA 241 | WA Court of Appeal | secondary | 2002-09-03 | Resolved | 11 |
| [2015] FCAFC 98 | Federal Court — Full Court | secondary | 2015-07-17 | For applicant | 10 |
| [2007] WASCA 261 | WA Court of Appeal | secondary | 2007-11-28 | Against applicant | 10 |
| [1976] HCA 39 | High Court | secondary | 1976-01-01 | For applicant | 10 |
| [2020] FCA 1290 | Federal Court | secondary | 2020-09-07 | Against applicant | 9 |
| [2015] WASCA 150 | WA Court of Appeal | secondary | 2015-09-15 | Against applicant | 9 |
| [2013] FCAFC 148 | Federal Court — Full Court | secondary | 2013-12-06 | Resolved | 9 |
| [2019] FCA 1827 | Federal Court | secondary | 2019-11-07 | For applicant | 8 |
| [2016] FCAFC 160 | Federal Court — Full Court | secondary | 2016-11-29 | Resolved | 8 |
| [2014] FWCFB 1476 | FWC — Full Bench | secondary | 2014-04-03 | For applicant | 8 |
| [2012] FCAFC 108 | Federal Court — Full Court | secondary | 2012-08-14 | Against applicant | 8 |
| [2011] FWAFB 5645 | FWAFB | secondary | 2011-09-29 | Against applicant | 8 |
| [2021] WAIRC 655 | WAIRC — Full Bench | secondary | 2021-12-22 | For applicant | 7 |
| [2018] FWCFB 1255 | FWC — Full Bench | secondary | 2018-03-05 | Against applicant | 7 |
| [2015] WASCA 195 | WA Court of Appeal | secondary | 2015-09-23 | Against applicant | 7 |
| [2015] FCAFC 16 | Federal Court — Full Court | secondary | 2015-02-24 | Against applicant | 7 |
| [2012] FWAFB 3206 | FWAFB | secondary | 2012-05-31 | Against applicant | 7 |
| [2009] WAIRC 668 | WAIRC — Full Bench | secondary | 2009-01-01 | Against applicant | 7 |
| [1987] HCA 63 | High Court | secondary | 1987-12-16 | For applicant | 7 |
| [1988] FCA 170 | Federal Court | secondary | 1987-09-01 | For applicant | 7 |
| [1963] HCA 41 | High Court | secondary | 1963-01-01 | Resolved | 7 |
| [2022] WAIRC 208 | WAIRC — Single Commissioner | secondary | 2022-05-18 | Against applicant | 6 |
| [2017] FCA 575 | Federal Court | secondary | 2017-01-01 | Against applicant | 6 |
| [2015] FWCFB 3337 | FWC — Full Bench | secondary | 2015-05-15 | For applicant | 6 |
| [2014] WASCA 186 | WA Court of Appeal | secondary | 2014-10-20 | Against applicant | 6 |
| [2012] FCA 764 | Federal Court | secondary | 2012-07-19 | Resolved | 6 |
| [2011] WASCA 168 | WA Court of Appeal | secondary | 2011-08-08 | Against applicant | 6 |
| 2025 WAIRC 00146 | WAIRC — Full Bench | secondary | 2025-03-07 | Against applicant | 5 |
| [2022] FCA 1234 | Federal Court | secondary | 2022-01-01 | Resolved | 5 |
| [2021] WAIRC 190 | WAIRC — Single Commissioner | secondary | 2021-07-07 | Against applicant | 5 |
| [2019] WASCA 14 | WA Court of Appeal | secondary | 2019-01-25 | For applicant | 5 |
| [2014] FCAFC 8 | Federal Court — Full Court | secondary | 2014-02-19 | Against applicant | 5 |
| [2012] FCAFC 146 | Federal Court — Full Court | secondary | 2012-10-24 | Resolved | 5 |
| [2005] NSWCA 465 | NSWCA | secondary | 2005-01-01 | 5 | |
| [2003] WASCA 45 | WA Court of Appeal | secondary | 2003-01-01 | Resolved | 5 |
| [2024] FWCFB 451 | FWC — Full Bench | secondary | 2024-12-06 | Against applicant | 4 |
| [2023] FCA 1063 | Federal Court | secondary | 2023-01-01 | Resolved | 4 |
| [2018] WAIRC 746 | Industrial Magistrates Court | secondary | 2018-09-17 | Against applicant | 4 |