Comcare v Banerji

JurisdictionAustralia Federal only
CourtHigh Court
JudgeKiefel CJ,Bell,Keane,Nettle JJ.,Edelman J.
Judgment Date07 August 2019
Neutral Citation[2019] HCA 23
Docket NumberC12/2018
Date07 August 2019
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5 cases
  • Pattinson v Australian Building and Construction Commissioner
    • Australia
    • Full Federal Court (Australia)
    • 16 October 2020
    ...Glass (No 2) (1985) 3 NSWLR 230 Cassell & Co Ltd v Broome [1972] AC 1027 Chester v The Queen [1988] HCA 62; 165 CLR 611 Comcare v Banerji [2019] HCA 23; 372 ALR 42 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestr......
  • Australian Broadcasting Corporation v Kane (No 2)
    • Australia
    • Federal Court
    • 17 February 2020
    ...respondents contended there is no further work for the implied freedom to do in the applicant’s judicial review claim: Comcare v Banerji [2019] HCA 23; (2019) 93 ALJR 900 (Comcare v Banerji) at [96] per Gageler J. It was submitted that by virtue of the validity of s 3E, the Court must assum......
  • Mackie v Minister for Home Affairs
    • Australia
    • Federal Court
    • 29 October 2021
    ...State of Queensland [2012] HCA 2; (2012) 246 CLR 1 at [10] and [21] per French CJ, Gummow, Hayne, Crennan and Bell JJ; Comcare v Banerji [2019] HCA 23; (2019) 267 CLR 373 (Comcare v Banerji) at [96] per Gageler J; at [211] per Edelman J; Palmer v State of Western Australia [2021] HCA 5; (20......
  • DBP16 v Minister for Home Affairs
    • Australia
    • Federal Court
    • 9 June 2020
    ...the appellant requested that determination of this matter be deferred until the High Court delivered its reasons in Comcare v Banerji [2019] HCA 23. The appellant's counsel anticipated that the High Court might develop the concept of proportionality in a manner that might assist the appella......
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10 firm's commentaries
  • To tweet or not to tweet? That was the question.
    • Australia
    • Mondaq Australia
    • 13 August 2019
    ...7 August 2019, the High Court of Australia handed down a unanimous decision in Comcare v Banerji [2019] HCA 23, in which it held that the termination of a public servant's employment (after she anonymously tweeted criticism of departmental policies) was constitutionally permissible. The Hig......
  • High Court says no entitlement to workers compensation for sacked public servant
    • Australia
    • Mondaq Australia
    • 2 September 2019
    ...with a workers' compensation claim, but that was the set of facts facing the High Court in its recent decision in Comcare v Banerji [2019] HCA 23. Background Banerji was employed by the Department of Immigration and Citizenship. In May 2012, the Department received two complaints arising fr......
  • Keyboard warriors beware – will your anonymity protect you?
    • Australia
    • Mondaq Australia
    • 21 September 2019
    ...interesting to see whether the High Court Banerji decision will have any bearing on the Folau proceedings. Footnotes i Comcare v Banerji [2019] HCA 23 ii Safety, Rehabilitation and Compensation Act 1988 (Cth) iii Banerji v Bowles [2013] FCCA 1052 The content of this article is intended to p......
  • Government employees do not have the implied right to freedom of political communication
    • Australia
    • Mondaq Australia
    • 23 December 2019
    ...v Michaela Banerji [2019] HCA 23 The implied right to freedom of political communication can be a complex issue for employees. Finding the balance between workplace policies and the ambiguity of "freedom of speech" can be tricky, especially within the context of social media use. In some ci......
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4 books & journal articles
  • The Engineers Case Centenary: SCOTUS and the Origins of Australia's Scabrous Constitutional Signature
    • United Kingdom
    • British Journal of American Legal Studies Nbr. 10-1, April 2021
    • 1 April 2021
    ...See also Kieran Pender, ‘ A Powerful Chill?’ Comcare v Banerji [2019] HCA 23 and the political expression of public servants , Australia Public Law (Aug. 28, 2019), https://auspublaw. org/2019/08/a-powerful-chill-comcare-v-banerji-2019-hca-23/. 522 Momcilovic , 245 CLR at 155 (Austl.). 523 ......
  • The Ethos of Protection for Freedom of Religion or Belief in Australian Law
    • Australia
    • University of Western Australia Law Review Nbr. 47-1, January 2020
    • 1 January 2020
    ...v New South Wales [2015] HCA 34; Brown v Tasmania [2017] HCA 43; Clubb v Edwards; Preston v Avery [2019] HCA 11. 50 Comcare v Banerji [2019] HCA 23, [164]-[166] (Edelman J). 51 McCloy v New South Wales [2015] HCA 34, [2] (French CJ, Kiefel, Bell and Keane JJ). 52 Ibid (footnotes and citatio......
  • Constitutional Text, Authorial Intentions and Implied Rights: A Response to Allan and Arcioni
    • United Kingdom
    • Federal Law Review Nbr. 49-1, March 2021
    • 1 March 2021
    ...JJ).45. (2017) 261 CLR 328 (‘Brown’).46. (2015) 257 CLR 178 (‘McCloy’).47. See also Clubb v Edwards [2019] HCA 11; Comcare v Banerji [2019] HCA 23.Crowe political discourse in Australia,48while the judges in Roach pay close attention to the constitu-tional and legislative history of limitat......
  • Public Servants and the Implied Freedom of Political Communication
    • United Kingdom
    • Federal Law Review Nbr. 49-1, March 2021
    • 1 March 2021
    ...a communicationcan be relevant to a decision about its constitutionality. Respectful disagreement will be expressed 2. Comcare v Banerji [2019] HCA 23 (‘Banerji’); Kieran Pender, ‘A Powerful Chill: Comcare v Banerji and the Expression of Public Servants’ on AUSPUBLAW (28 August 2019), https......

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