This is a remarkable decision. Rabbi Milecki, a Lubavitcher, and long time Rabbi of South Head Synagogue, was effectively sacked by his board through some clever manoeuvering involving the Shule going into liquidation.
One assumes that Rabbi Milecki tried to take the Board to a Din Torah and failed. He then received permission to take it to the secular court in New South Wales, Australia.
The Supreme Court ruled, quite incredibly that the South Head Board had wrongfully dismissed Rabbi Milecki and they needed to take the case to a Din Torah.
This shows that the court is culturally sensitive and doesn’t want to trample on such mores, unless forced.
One implication for this, and I assume the decision will be appealed to a higher court, is that if we want to get the court to assist us in having compulsory Halachic prenuptial agreements whereby a male or female could not withhold a Get/divorce, may be more difficult as they may not wish to be involved.
You can read the ruling here.
[Update: in case you thought this was a new precedent. As per legal advice, it follows Gutnick v Mizrachi where court sent matter to Din Torah
Also in Mond v Caulfield Hebrew Congregation where the court granted injunction and sent matter to a Din Torah.
Very strange that Shul’s administrators argued that the contract with Rabbi Milecki was not subject to Halacha. ]
pitputim 