Manyoul v Department of Communities, Housing & Digital Economy [2026] FedCFamC2G 584

Note: The form of the order is subject to the entry in the Court's records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 24.04(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth)), or to record a variation to the order pursuant to r 24.04 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth).

1. In this matter the applicant filed an Originating Application on 23 June 2025.
2. The applicant sought to invoke the provisions of the Fair Work Act 2009 (Cth) (the Act) for the purpose of the bringing of the application.
3. At all relevant times, the applicant was a member of the State Public Service of Queensland.
4. In circumstances where the applicant was a Queensland public servant, the provisions of the Act do not relevantly apply to the employment of the applicant.
5. In all of the circumstances, the proceeding is misconceived and has no prospects of success.
6. Accordingly, the Court invokes the provisions of rule 23.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) in dismissing the proceeding on the basis that the applicant has no reasonable prospect of successfully prosecuting the proceeding.
7. On the question of costs, the respondent has sought an order that the applicant pay the respondent's costs of and incidental to the Application for Review pursuant to the provisions of s. 570(2)(a) of the Act - namely on the basis that the proceeding was instituted without reasonable cause.
8. The Court accepts the submission made on behalf of the respondent. The applicant never had any prospect of successfully prosecuting the claim in this Court.
9. Accordingly, it is ordered that the applicant pay the respondent's costs of and incidental to the application filed on 23 June 2025, such costs to be as agreed between the parties, or failing agreement, as assessed.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of Judge Egan delivered on 9 March 2026.