Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shanahan v Australian Industrial Relations Commission [2006] FCAFC 172 Workplace Relations - application for constitutional writ relief remitted by the High Court of Australia to the Federal Court of Australia - application at the hearing to amend grounds - application refused Workplace Relations Act 1996 (Cth) ss 45, 170CE, 170CH. Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194, cited. IAN SHANAHAN v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND UNIVERSITY OF WESTERN SYDNEY NSD 693 OF 2006
MARSHALL, GRAHAM AND JESSUP JJ
21 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 693 OF 2006
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: IAN SHANAHAN
Applicant
AND: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
First Respondent
UNIVERSITY OF WESTERN SYDNEY
Second Respondent
JUDGES: MARSHALL, GRAHAM AND JESSUP JJ DATE OF ORDER: 21 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for leave to amend the application for an order to show cause is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 693 OF 2006
ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA
BETWEEN: IAN SHANAHAN
Applicant
AND: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
First Respondent
UNIVERSITY OF WESTERN SYDNEY
Second Respondent
JUDGES: MARSHALL, GRAHAM AND JESSUP JJ
DATE: 21 NOVEMBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT
Marshall and Jessup JJ 1 We do not consider that the proposed additional grounds of review raise any arguable basis for disclosing any jurisdictional error by the Full Bench of the Australian Industrial Relations Commission such that any application for an order to show cause should include them. Each proposed ground seeks to agitate matters of merit which were questions or issues for the Full Bench of the Commission to deal with in the context of dealing with and/or deciding the application by the applicant for leave to appeal. I certify that the preceding one (1) paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justices Marshall and Jessup.
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