Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spotless Services Australia Ltd v The Honourable Senior Deputy President Jeanette Marsh [2004] FCAFC 136
INDUSTRIAL LAW – termination of employment - application for prerogative relief – whether Deputy President of the Australian Industrial Relations Commission failed to exercise statutory obligation imposed by s 170CE(7) of the Workplace Relations Act 1996 (Cth) - whether the issue of certificates pursuant to s 170CF(2) of the Workplace Relations Act 1996 (Cth) removed those matters, the subject of the certificates, from the jurisdiction of the Australian Industrial Relations Commission – no jurisdictional error, error of law or wrongful failure to exercise jurisdiction - application for order nisi refused
Judiciary Act 1903 (Cth) s 44
Workplace Relations Act 1996 (Cth) ss 170CE(7), 170CEA, 170CF(2), 170CFA
SPOTLESS SERVICES AUSTRALIA LTD v THE HONOURABLE SENIOR DEPUTY PRESIDENT JEANETTE MARSH, THE HONOURABLE DEPUTY PRESIDENT NICHOLAS BLAIN AND COMMISSIONER BARBARA DEEGAN AS MEMBERS OF A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE HONOURABLE BRENDAN McCARTHY, A DEPUTY PRESIDENT OF THE COMMISSION and MARION WOOKEY and TERRY TOPHAM
W 225 OF 2003
WILCOX, MARSHALL and JACOBSON JJ
19 MAY 2004
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 225 OF 2003
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: SPOTLESS SERVICES AUSTRALIA LTD
APPLICANT
AND: THE HONOURABLE SENIOR DEPUTY PRESIDENT JEANETTE MARSH, THE HONOURABLE DEPUTY PRESIDENT NICHOLAS BLAIN AND COMMISSIONER BARBARA DEEGAN AS MEMBERS OF A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE HONOURABLE BRENDAN McCARTHY, A DEPUTY PRESIDENT OF THE COMMISSION
FIRST RESPONDENTS
MARION WOOKEY and TERRY TOPHAM
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