Miller v Australian Industrial Relations Commission [2000] FCA 1244

FEDERAL COURT OF AUSTRALIA

Miller v Australian Industrial Relations Commission [2000] FCA 1244

SACKVILLE J 7 SEPTEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 801 OF 2000

BETWEEN: DAVID MILLER

APPLICANT

AND: FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

FIRST RESPONDENTS

UNIVERSITY OF NEW SOUTH WALES

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE: 7 SEPTEMBER 2000

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 5 May 2000, the applicant instituted proceedings in the High Court seeking orders nisi for writs of mandamus and certiorari directed to the first respondents, members of the Full Bench of the Australian Industrial Relations Commission ("the Commission"). The second respondent in these proceedings is the University of New South Wales ("the University"). The proceedings were remitted to this Court by an order made by Gaudron ACJ on 12 July 2000. 2 The applicant had previously instituted proceedings in the Commission under s 170CE of the Workplace Relations Act 1996 (Cth) seeking an order reinstating him in his previous employment with the University as an Associate Professor. The Senior Deputy President concluded that the dismissal of the applicant by the University was not harsh, unjust or unreasonable. An application for leave to appeal to the Full Bench was refused. 3 In the proceedings remitted to this Court, the applicant contends that the Full Bench made a number of jurisdictional errors in refusing leave to appeal. According to the applicant, these errors entitle him to prerogative relief. 4 The applicant is not at present legally represented. He now seeks an order pursuant to Federal Court Rules ("FCR"), O 80 r 4, which provides as follows: "Referral to a legal practitioner