| Commonwealth Bank of Australia v Barker | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 10 September 2014 |
| Citations | [2014] HCA 32, (2014) 253 CLR 169 |
| Transcripts | 8 Apr [2014] HCATrans 73 audio visual recording 9 Apr [2014] HCATrans 74 audio visual recording |
| Case history | |
| Prior actions | [2012] FCA 942 [2013] FCAFC 83 |
| Subsequent action | none |
| Court membership | |
| Judges sitting | French CJ, Kiefel, Bell, Gageler and Keane JJ |
| Case opinions | |
| (5:0) there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence. The decision of the House of Lords in Malik v Bank of Credit and Commerce International SA should not be accepted by courts, as applicable, to employment contracts in Australia. per French CJ, Bell and Keane JJ | |
Commonwealth Bank of Australia v Barker is a leading Australian judgment of the High Court which unanimously and firmly rejected the proposition that contracts of employment in Australia should contain an implied term of mutual trust and confidence.[1]
- ^ Commonwealth Bank of Australia v Barker [2014] HCA 32, (2014) 253 CLR 169 Judgement summary (PDF), High Court