Full Court Minute Books

Case A1/2014

Commonwealth Bank of Australia v. Barker

Case No.


Case Information

Lower Court Judgment

6/08/2013 Federal Court of Australia (Jacobson J, Lander J, Jessup J)

[2013] FCAFC 83


Contract law – Employment contracts – Implied terms – Whether common law requires employment contracts contain implied term that employer will not, without reasonable cause, conduct itself in manner likely to destroy or seriously damage relationship of confidence and trust between parties – Whether, if so, to what extent implied term requires employer to take account redundancy of employee’s position prior to making decision to terminate, particularly in circumstances where express contractual right of termination on notice exists – Whether, if so, damages are available for breach.

Short Particulars


13/12/2013 Hearing (SLA, Melbourne v/link Adelaide)

02/01/2014 Notice of appeal

09/01/2014 Notice of contention (Respondent)

17/01/2014 Written submissions (Appellant)

17/01/2014 Chronology (Appellant)

17/02/2014 Written submissions (Respondent)

03/03/2014 Reply

08/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

09/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

10/09/2014 Judgment  (Judgment summary)