Blimey: has the height of the bar to appeal in the Federal Court increased even further?
The height of the bar which must be jumped to appeal successfully in the Federal Court appears to have risen even further. While I have no intellectual problem at all with either the outcome of an adverse action case before a single judge in the Federal Court, or indeed the result of an unsuccessful appeal from that decision to a Full Federal Court, it does in my opinion appear impossibly difficult to win an appeal on the facts, or the inferences to be drawn from findings of fact, to say, as the Full Court as in this case that errors must be identified which demonstrate a finding which is “inconsistent with facts incontrovertibly established, glaringly improbable, contrary to compelling inferences, or otherwise erroneous”.
In this case a paramedic claimed that his dismissal resulted from the exercise of a workplace right, namely that he had complained about his managers when the court concluded that on the contrary it resulted from the same type of “aggressive and intimidating behaviour” for which he had previously been given a formal warning and he had “displayed no genuine contrition or even recognition of the seriousness of his misbehaviour”.
Short v Ambulance Victoria  FCAFC 55 (24 April 2014)