CORPORATIONS – appeal from judgment of single judge concerning whistleblower protections under pt 9.4AAA of the Corporations Act 2001 (Cth) (the “Corps Act”) – where primary judge dismissed application for compensation and other remedies under s 1317AE of the Corps Act – where respondent admitted to causing detriment to appellant by making his role redundant and terminating his employment with immediate effect – where grounds of appeal largely contingent upon the construction of the preconditions for relief in s 1317AD(1)(b) and (c) of the Corps Act – whether statutory test is solely subjective – whether test requires an appreciation by putative wrongdoer of the legal consequences of a disclosure – whether proscribed reason for taking detrimental action required to be “substantial” and “operative” – whether primary judge’s conclusions as to respondent’s reasons for causing detriment were open, in context of evidential onus prescribed by s 1317AD(2B) – appeal dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2026/2026fcafc0053For more information, see the original judgement.
