Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Road Transport Association Ltd v Road Safety Remuneration Tribunal [2016] FCAFC 56 File numbers: QUD 226 of 2016 QUD 228 of 2016
Judges: JESSUP, BUCHANAN AND RANGIAH JJ
Date of judgment: 7 April 2016
Catchwords: PRACTICE AND PROCEDURE – Application for prerogative remedies in respect of orders and decision of statutory tribunal – Interlocutory application for stay of order and decision – Whether prima facie case of invalidity – Whether strong case – Whether exceptional circumstances shown – Interests of parties and wider community – Imminence of final hearing.
Legislation: Road Safety Remuneration Act 2012 (Cth) ss 19, 20, 22, 23, 24, 25, 26, 27, 32 Judiciary Act 1903 (Cth) s 39B
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Re Australian Nursing Federation; Ex parte State of Victoria (1993) 112 ALR 177 Re Griffin; Ex parte Professional Radio and Electronics Institute of Australia (1988) 167 CLR 37
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