Northern Territory Police Commissioner Jamie Chalker has launched legal action against Chief Minister Natasha Fyles, Police Minister Kate Worden and the NT government in a bid to prevent his dismissal.
It comes amid ongoing scrutiny around Commissioner Chalker's position and reports the NT government has asked him to resign.
In a motion filed in the NT Supreme Court on Friday against Ms Fyles, Ms Worden and the NT government, Commissioner Chalker's lawyers asked the court to order Ms Fyles to provide details about "allegations made by her" in a letter reportedly sent to Commissioner Chalker in late March.
Commissioner Chalker's lawyer Arthur Moses SC told the NT Supreme Court in Darwin on Monday the letter made four allegations, including that Commissioner Chalker "had asked the Australian Defence Force to go into Alice Springs".
"We now know that [allegation] was false ... there's an assertion ... they might have meant to refer to the Australian Federal Police," Mr Moses said.
In the motion, Commissioner Chalker asked the court to grant him the opportunity "to respond to the allegations made by [Ms Fyles]" in the letter before "any steps to revoke [his] appointment" are made.
He also sought "a declaration" that the NT government does not have the power to dismiss him, and that he is entitled to "be afforded procedural fairness and natural justice" before his dismissal can be recommended to the NT's Executive Council or Administrator.
According to court documents Commissioner Chalker will also seek orders that neither Ms Fyles or Ms Worden have "any involvement in any decision to recommend to the Executive Council that the appointment of the Plaintiff as the Commissioner of Police be revoked".
Mr Moses requested a three-day hearing for the case, saying he intended to cross-examine Ms Fyles and Ms Worden.
"I think three days [are needed], Your Honour, to be safe because there will be some cross-examination of the first and second defendants," he said.
Commissioner Chalker is currently on pre-approved leave, and is set to return to work on Wednesday.
Commissioner's return to work could 'cause serious problems'
Lawyer for the the defendants and NT Solicitor-General, Nikolai Christrup SC, said if the injunction were granted, allowing Commissioner Chalker to return to work in his current position, it would "cause serious problems" and "potential detriment to the public interest".
"There needs to be trust and confidence between the ministers and the commissioner of police," Ms Christrup told the court.
However, Mr Moses said the parties could "come to some arrangement" which would mean Commissioner Chalker could remain on leave until after the hearing.
Commissioner Chalker was appointed in 2019, and his current contract is due to expire in November.
Justice John Reeves told the court there was a "public interest issue" around whether a "fixed-term public office" such as police commissioner can be revoked before the end of the appointed term.
"This is not an ordinary run of the mill litigation ... where two parties are arguing about money, there are public interest issues at stake that aren't ordinarily the subject of litigation," Justice Reeves said.
He said the "private issues" of Commissioner Chalker's claim relate to "his claim for salary" if it is possible for him to be dismissed before his term is up.
Justice Reeves did not make any orders in court on Monday, but the court heard no further "adverse" action would be taken until the matter is heard in full at a later date.
