Kaur v Commonwealth Bank of Australia
Citation: [2026] FCA 749
What happened
the Applicant commenced proceedings in the Federal Circuit and Family Court of Australia (FCFCOA) in March 2025, alleging her dismissal from the Commonwealth Bank of Australia (the Bank) was unlawful. A settlement was reached where the Bank agreed to pay the Applicant an amount equivalent to six weeks' pay, and the Applicant signed a deed of release, which included clauses releasing the Bank from claims and indemnifying them against future claims. The Applicant subsequently filed an appeal in the Federal Court of Australia, which was initially treated as an application for leave to appeal due to procedural issues.
What was decided
The Federal Court dismissed the Applicant's application for an extension of time and leave to appeal the Primary Judgment. The Court found that the primary judge's reasons were not attended by doubt sufficient to warrant an appeal. The Court noted the deed of release signed by the Applicant, which included clauses releasing the Bank from claims and indemnifying them against future claims. The Court accepted the factual chronology presented and did not find any dispute regarding it.
What it means for employers
Employers should ensure employees fully understand and seek independent legal advice before signing settlement deeds, particularly those containing broad release clauses. Clear communication regarding the implications of such agreements is crucial to avoid future disputes and potential legal challenges.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0749Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →