Commonwealth Bank of Australia v Barker
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Bell,Keane JJ,Kiefel J,Gageler J |
| Judgment Date | 10 September 2014 |
| Neutral Citation | [2014] HCA 32 |
| Docket Number | A1/2014 |
| Court | High Court |
| Date | 10 September 2014 |
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9 firm's commentaries
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Life on the edge: an honest cheater?
...amounts to 'dishonesty'. Footnotes 1 [2017] UKSC 67. 2 Ibid, [13] 3 Gambling Act 2005 (UK), section 42. 4 Commonwealth Bank v Barker [2014] HCA 32 5 [1977] UKPC 13; 180 CLR 266 at 23. 6 See for example, Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 41 ALR 367; Booker In......
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Acting in good faith ' What does it really mean in a contract?
...Contract. A definition for the term Good Faith would be included in the contract. Footnotes 1 Commonwealth Bank of Australia v Barker [2014] HCA 32 (Barker). 2 Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50 (Paciocco). 3 Paciocco. 4 [2016] FCA 43 (YUM!). 5 Bennet......
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Implied terms in contracts of employment Good Faith, Reasonableness
...amongst workplace law or relations practitioners, on 10 September 2014 the High Court decided in Commonwealth Bank of Australia v Barker [2014] HCA 32 that there is no term of "trust and confidence" implied by law in employment contracts in Australia, but left open the possibility that ther......
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Implied terms in employment contracts - Good Faith and Fair Dealing, son of Trust and Confidence - the jury and judges are still out...
...amongst workplace law or relations practitioners, on 10 September 2014 the High Court decided in Commonwealth Bank of Australia v Barker [2014] HCA 32 that there is no term of "trust and confidence" implied by law in employment contracts in Australia, but left open the possibility that ther......
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6 books & journal articles
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Developing the jurisprudence of constitutional remedies for breach of Fundamental Rights in South Africa : an analysis of Hoffman and related cases
...ZASCA 129 26 September 2013.Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC).Commonwealth Bank of Australia v Barker [2014] HCA 32.Cook v Muller 1973 (2) SA 240 (N).Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84.De Beers Consolidated Mines v CCMA [2000] 9 BLLR 995......
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FATE OF TRUST AND CONFIDENCE IN EMPLOYMENT CONTRACTS
...onerous obligations on either party, a correct balance has to be struck when it comes to applying the term to the actual facts at hand. 1[2014] HCA 32. 2[1998] AC 20. 3 Malik v Bank of Credit and Commerce International SA [1998] AC 20 at 45–46. 4[2003] AC 518; [2001] 2 All ER 801. 5 c 18 (1......
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Developing the jurisprudence of constitutional remedies for breach of Fundamental Rights in South Africa : an analysis of Hoffman and related cases
...ZASCA 129 26 September 2013.Carmichele v Minister of Safety and Security 2001 (4) SA 938 (CC).Commonwealth Bank of Australia v Barker [2014] HCA 32.Cook v Muller 1973 (2) SA 240 (N).Courtaulds Northern Textiles Ltd v Andrew [1979] IRLR 84.De Beers Consolidated Mines v CCMA [2000] 9 BLLR 995......
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The Pension Trust: Fit For Purpose?
...instance, in Lock vWes t pa c n17above,orImperial n17above.81 Imperial ibid. The position is not so clear in Australia. In CBA vBarker [2014] HCA 32, theHigh Court of Australia expressly departed from the United Kingdom position in holding thatthere was no duty of good faith generally to be......
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