Hadgkiss v Aldin [2006] FCA 1638

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Aldin [2006] FCA 1638 WORKPLACE RELATIONS – representation of a respondent party before the Court – whether statutory provision applicable – whether statutory provisions precludes grant of leave for person to act as advocate – person qualified in industrial law and acting as industrial agent with professional indemnity insurance – whether circumstances exceptional or special to warrant the grant of leave – consideration of circumstances Federal Court of Australia Act 1976 (Cth) s 23 Industrial Relations Act 1979 (Cth) s 112A Australian Workplace Relations Act 1996 (Cth) s 854, 854(3), 854(5) DC Pearce and RS Geddes Statutory Interpretation in Australia, 6th edn, Lexis Nexis Butterworths, 2006 Industrial Relations (Industrial Agents) Regulations 1997 'Pooncarie' Barkandji (Paakantyi) People v NSW Minister for Land & Water Conservation [2006] FCA 25 D v S (Rights of Audience) [1997] 1 FLR 724 Damjanovic v Maley (2002) 55 NSWLR 149 Melaleuca of Australia and New Zealand Pty Ltd v Duck [2005] FCA 1481 Paragon Finance PLC v Noueiri (2002) C.P. Rep 5 SZFCX v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 394 Victrawl Pty Ltd v Telstra Corp Ltd (1995) 183 CLR 595 NIGEL HADGKISS v GORDON WILLIAM ALDIN and 106 OTHER RESPONDENTS WAD 185 OF 2006

NICHOLSON J

27 NOVEMBER 2006

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 185 OF 2006

BETWEEN: NIGEL HADGKISS

Applicant

AND: GORDON WILLIAM ALDIN

First Respondent

106 OTHER RESPONDENTS

JUDGE: NICHOLSON J

DATE OF ORDER: 27 NOVEMBER 2006

WHERE MADE: PERTH

THE COURT ORDERS THAT:

Leave is granted to Paul Anthony King to represent the seventy-second respondent (Paul Scott Ruiz) as his advocate in this proceeding until further order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.