Quickenden v O'Connor [1999] FCA 1423

FEDERAL COURT OF AUSTRALIA

Quickenden v O'Connor [1999] FCA 1423 WORKPLACE RELATIONS – COSTS - application for prerogative relief under the Constitution s 75(v) – statutory disentitlement to costs of proceeding in a matter arising under the Workplace Relations Act 1996 (Cth) – whether proceeding in a matter arising under that Act – s 347 Workplace Relations Act. Judiciary Act 1903 (Cth) s 44 Workplace Relations Act 1996 (Cth) ss 170LT, 347, 412(2), 412(3) The Constitution s 75(v) Re McJannet; Ex parte The Australian Workers' Union of Employees, Queensland (No 2) (1997) 189 CLR 654 cited Re Polites; Ex parte The Hoyts Corporation Pty Limited (1991) 173 CLR 78 cited Autistic Association of New South Wales v Dodson [1999] FCA 852 cited TERENCE IVAN QUICKENDEN v COMMISSIONER O'CONNOR OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE NATIONAL TERTIARY EDUCATION INDUSTRY UNION and THE UNIVERSITY OF WESTERN AUSTRALIA WAG 106 OF 1998 LEE J 19 OCTOBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 106 OF 1998

BETWEEN: TERENCE IVAN QUICKENDEN

Applicant

AND: COMMISSIONER O'CONNOR OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

First Respondent

THE NATIONAL TERTIARY EDUCATION INDUSTRY UNION

Second Respondent

THE UNIVERSITY OF WESTERN AUSTRALIA

Third Respondent

JUDGE: LEE J

DATE OF ORDER: 19 OCTOBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: The applicant pay the costs of the second and third respondents.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 106 OF 1998

BETWEEN: TERENCE IVAN QUICKENDEN

Applicant