Stannard, in the matter of an application for a Writ of Mandamus and a Writ of Certiorari against Honourable Vice President McIntyre [2004] FCAFC 310

FEDERAL COURT OF AUSTRALIA

Stannard, in the matter of an application for a Writ of Mandamus and a Writ of Certiorari against Honourable Vice President McIntyre [2004] FCAFC 310

INDUSTRIAL LAW – application to set aside decision of Australian Industrial Relations Commission ('Commission') – dismissal from employment – initial application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) unsuccessful – where applicant then applied for relief under Workplace Relations Act 1996 (Cth), on grounds that termination was 'harsh, unjust or unreasonable' – where Commission considered that the application was barred by s 170HB because a remedy in respect of the same termination had previously been sought – whether Commission had jurisdiction to entertain the application – whether initial application 'commenced under' a law of the Commonwealth – whether initial application was seeking a remedy founded on the termination

PRACTICE & PROCEDURE – jurisdiction – extent of a statute's withdrawal of the jurisdiction of a court

words & phrases – 'commenced under', 'in respect of', 'termination'

Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Public Services Act 1922 (Cth) s 82AH Workplace Relations Act 1996 (Cth) ss 4, 170CA, 170CB, 170CD, 170CE, 170CK, 170CL, 170CM, 170CN, 170FA, 170HB Automatic Fire Sprinklers Proprietary Limited v Watson (1946) 72 CLR 454 cited Boddington v British Transport Police [1992] 2 AC 143 referred to Brackenridge v Toyota Motor Corporation Australia Limited (1996) 67 IR 162 referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 141 ALR 618 cited Director General of Education v Suttling (1987) 162 CLR 427 referred to Knight v FP Special Assets Ltd (1992) 174 CLR 178 cited Laz v Downer Group Ltd (2000) 108 IR 244 referred to Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 considered Qantas Airway Limited v Christie (1998) 193 CLR 280 referred to Workers' Compensation Board (Qld) v Technical Products Pty Ltd (1988) 165 CLR 642 applied, in dissent