Crozier, in the matter of an application for Writs of Certiorari and Mandamus against the Australian Industrial Relations Commission [2001] FCA 1665

FEDERAL COURT OF AUSTRALIA

Crozier, in the matter of an application for Writs of Certiorari and Mandamus against the Australian Industrial Relations Commission [2001] FCA 1665 COSTS – applicant claimed termination of employment was harsh, unjust and unreasonable – applicant unsuccessfully sought writs of certiorari and mandamus directed to the Australian Industrial Relations Commission – Workplace Relations Act 1996 (Cth) ("the Act") prohibits costs awards in proceedings under the Act unless instituted vexatiously or without reasonable cause – whether proceeding arose under the Act – whether proceeding was instituted without reasonable cause Workplace Relations Act 1996 (Cth), s 347

Re Ross; Ex parte Australian Liquor, Hospitality and Miscellaneous Workers Union [2001] FCA 770 cited Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 referred LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 referred R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 referred Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2001) 178 ALR 61 cited Quickenden v Commissioner O'Connor of the Australian Industrial Relations Commission [2001] FCA 303 referred Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 applied Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 cited R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 cited Thompson v Hodder (1989) 21 FCR 467 cited Hatchett v Bowater Tutt Industries Pty Ltd (No 2) (1991) 28 FCR 324 referred Geneff v Peterson (1986) 19 IR 40 referred

IN THE MATTER of an application for Writs of Certiorari and Mandamus against VICE PRESIDENT ROSS, SENIOR DEPUTY PRESIDENT ACTON and COMMISSIONER CRIBB (Members of a Full Bench of the Australian Industrial Relations Commission) AND PALAZZO CORPORATION PTY LTD (ACN 006 471 834) trading as NOBLE PARK STORAGE & TRANSPORT; Ex Parte PETER CROZIER