Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari (No 2) [2001] FCA 562

FEDERAL COURT OF AUSTRALIA

Professional Officers' Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari (No 2) [2001] FCA 562 COSTS – industrial law - application for costs of defending unsuccessful application for orders nisi for writs of prohibition, mandamus and certiorari – whether s 347 of the Workplace Relations Act 1996 (Cth) applied to proceeding – whether proceeding involved a matter arising under the Workplace Relations Act 1996 (Cth) - whether proceeding was instituted vexatiously or without reasonable cause. Workplace Relations Act 1996 (Cth): ss 347(1), 43 Commonwealth Constitution: s 75(v) Re McJannet; Ex parte Australian Workers' Union of Employees (Qld) (No 2) (1997) 189 CLR 654 distinguished Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 referred to R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 distinguished Re Minister for Immigration and Multicultural Affairs; Ex parte Md Ataul Haque Miah [2001] HCA 22 referred to IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE HONOURABLE JUSTICE GEOFFREY MICHAEL GIUDICE, THE HONOURABLE SENIOR DEPUTY PRESIDENT COLIN GEORGE POLITES, COMMISSIONER LEONARD NORTON HINGLEY AND COMMISSIONER JOHN GRAHAM HOLMES, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and CSL LIMITED and CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, AUTOMOTIVE FOOD ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION, NATIONAL UNION OF WORKERS AND COMMUNICATIONS ELECTRONIC ELECTRICAL PLUMBING AND ALLIED WORKERS UNION OF AUSTRALIA; EX PARTE: PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA), N SORRAGHAN, C KREPERLKA, M KLEINIG & A MACGREGOR (No 2) V 1044 of 2000 WILCOX, MOORE & GOLDBERG JJ MELBOURNE 14 MAY 2001