Linett v Australian Education Union [2002] FCAFC 30 ; [2002] FCA 157

Linett v Australian Education Union [2002] FCAFC 30 Linett v Australian Education Union [2002] FCA 157

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation. * All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series. * All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Linett v Australian Education Union [2002] FCA 157 INDUSTRIAL LAW – application for registration of organisation – registration refused by Full Bench of Australian Industrial Relations Commission ADMINISTRATIVE LAW – application for prerogative relief against Full Bench – whether Full Bench erred in law – whether error was jurisdictional – whether Full Bench had regard to wrong question – whether this amounted to error within jurisdiction or error permitting judicial review – whether failure to consider all relevant material amounted to jurisdictional error – whether such error reviewable – whether distinction between jurisdictional and non jurisdictional errors of law on the part of a tribunal maintained

Workplace Relations Act 1996 (Cth): s 189.

Craig v South Australia (1995) 184 CLR 163 applied Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1999) 93 FCR 317 applied Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; 194 CLR 194 applied Minister for Immigration and Multicultural Affairs v Yusuf [2001] FCA 30; 180 ALR 1 applied Jones v Dunkel (1959) 101 CLR 298 considered Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 applied Edwards v Justice Giudice (1999) 94 FCR 561 discussed Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 applied Parisienne Basket Shoes Pty Ltd v Whyte (1937) 59 CLR 369 referred to R v Taylor; Ex parte Professional Officers' Association – Commonwealth Public Service (1951) 82 CLR 177 referred to