Commonwealth Bank of Australia v Barker
| Jurisdiction | Australia Federal only |
| Neutral Citation | [2013] FCAFC 83,2013-0806 FCA A |
| Year | 2013 |
| Date | 2013 |
| Court | Full Federal Court (Australia) |
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10 cases
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Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd
...at 390; 30 ALR 407 at 411. 169 Freedland, The Contract of Employment (1976) at 20, quoted in Commonwealth Bank of Australia v Barker (2013) 214 FCR 450 at 513 170 (2021) 95 ALJR 681; 392 ALR 39. 171 (2021) 95 ALJR 681 at 687 [13], 696–697 [76]–[80]; 392 ALR 39 at 43, 55–56. 172 Byrne v Aust......
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Commonwealth Bank of Australia v Barker
...reasons for judgment. 120 I agree with the orders proposed in the joint reasons for judgment. 1Commonwealth Bank of Australia v Barker (2013) 214 FCR 450 2 This appeal turned upon the Agreement. No question of the content of any anterior contract was raised — cf Concut Pty Ltd v Worrell (20......
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Commonwealth Bank of Australia v Barker
...reasons for judgment. 120 I agree with the orders proposed in the joint reasons for judgment. 1Commonwealth Bank of Australia v Barker (2013) 214 FCR 450 2 This appeal turned upon the Agreement. No question of the content of any anterior contract was raised — cf Concut Pty Ltd v Worrell (20......
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Dong Wei v Shell Eastern Trading (Pte) Ltd
...1 WLR 1661 (refd) Cheah Peng Hock v Luzhou Bio-Chem Technology Ltd [2013] 2 SLR 577 (refd) Commonwealth Bank of Australia v Barker (2013) 214 FCR 450, FC (Aust) (refd) Commonwealth Bank of Australia v Barker (2014) 312 ALR 356, HC (Aust) (refd) Grace Electrical Engineering Pte Ltd v Te Deum......
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17 firm's commentaries
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The Trojan Horse - The (new) implied term of mutual trust and confidence in Australian contracts of employment
...delivered on 6 August 2013, a majority of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (Jacobson and Lander JJ, Jessup J dissenting)) elevated this feature to a new The majority held that, in the absence of express terms to the ......
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High Court says no implied duty of trust and confidence in contracts of employment
...of revealing only after the event the specific prohibitions which it imports into the contract' (para [117], quoting Justice Jessup at [2013] FCAFC 83, [340]); and that 'in its intersection with the law of unfair dismissal, the implied term would intrude a common law policy choice of broad ......
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High Court: No Implied Term of Mutual Trust and Confidence = Confidence for employers?
...act in good faith in the performance of contracts. Footnotes 1In the Full Federal Court decision Commonwealth Bank of Australia v Barker [2013] FCAFC 83 Jessup J in dissent described the implied term as a 'Trojan horse', at [79]. 2Commonwealth Bank of Australia v Barker [2014] HCA 32 at [40......
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Implied term of mutual trust and confidence? Appellate court ends the debate (for now)
...a long standing debate and is a first of its kind by an Australian intermediate court of appeal. While the issue has been clarified, ...
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1 books & journal articles
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FATE OF TRUST AND CONFIDENCE IN EMPLOYMENT CONTRACTS
...20 Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] 4 SLR 357 at [30]. 21Commonwealth Bank of Australia v Barker[2013] FCAFC 83. 22Commonwealth Bank of Australia v Barker[2014] HCA 32 at [31] and [60]. 23Commonwealth Bank of Australia v Barker[2013] FCAFC 83 at [212].......