Tutos v Roman Catholic Trust Corporation

[2020] QCA 171

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Right of appeal
3. › Interlocutory decisions
4. › Leave to appeal
5. › Whether leave should be granted
6. › Whether reasonable argument of error
7. › District Court of Queensland Act 1967 (Qld), s 118(3)
1. Appeal
2. › Procedure
3. › Time for appeal
4. › Extension of time
5. › Whether extension should be granted
6. › Whether appeal plainly hopeless
1. Practice and Procedure
2. › Pleadings
3. › Strike out
4. › No reasonable cause of action
5. › Failure to plead material facts
6. › Whether amended statement of claim disclosed reasonable cause of action
7. › Uniform Civil Procedure Rules 1999 (Qld), r 171, r 293
1. Practice and Procedure
2. › Summary judgment
3. › Whether applicant's case had no real prospect of success
4. › Discretionary nature of summary judgment
5. › Uniform Civil Procedure Rules 1999 (Qld), r 293

Quick Take

An employer's internal management document relating to probationary employment does not form part of an employee's contract of employment unless it is incorporated into the contract. A claim for constructive dismissal falls within the exclusive jurisdiction of the Fair Work Commission and is liable to be struck out if brought in a state court. Section 267 of the Work Health and Safety Act 2011 (Qld) precludes a right of action in civil proceedings for contravention of that Act.