Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bankstown Handicapped Children's Centre Association Inc v Hillman [2010] FCAFC 11
Citation: Bankstown Handicapped Children's Centre Association Inc v Hillman [2010] FCAFC 11
Appeal from: Hillman v Bankstown Handicapped Children's Centre Association Incorporated [2008] NSWIRComm 64
Parties: BANKSTOWN HANDICAPPED CHILDREN'S CENTRE ASSOCIATION INC and CHERYL MOORE v JONATHAN HILLMAN, ATTORNEY GENERAL OF NEW SOUTH WALES and MINISTER FOR INDUSTRIAL RELATIONS, NEW SOUTH WALES
File number(s): NSD 1560 of 2008
Judges: MOORE, MANSFIELD AND PERRAM JJ
Date of judgment: 25 February 2010
Catchwords: INDUSTRIAL LAW – whether the Industrial Court of New South Wales had jurisdiction to hear and determine the application – whether the substantial activities of the Association should be characterised as "trading" and whether it is therefore a "trading corporation" to which the Workplace Relations Act 1996 (Cth) applies so as to exclude the application of the Industrial Relations Act 1996 (NSW) – the application of paragraph 51(xx) of the Constitution – the time at which the activities of the Association are to be assessed.
Legislation: Associations Incorporation Act 1984 (NSW) ss 4, 66 Charitable Fundraising Act 1991 (NSW) Children and Young Persons (Care and Protection Act 1998 (NSW) s 135 Conciliation and Arbitration Act 1904 (Cth) Disability Services Act 1993 (NSW) Industrial Relations Act 1996 (NSW) s 106 Workplace Relations Act 1996 (Cth) ss 4 (1), 16(1), 853
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