In the Matter of an Application for Writs of Prohibition, Mandamus and Certiorari against the Honourable John Augustine Keely, a Judge of the Industrial Relations Court of Australia & Neil Raymond Morris; Ex Parte: Martin Kingham and the Construction, Forestry, Mining & Energy Union No VI 5032 of 1994 and Martin Kingham, Vince Raffa, Bill Oliver, Wayne Torpy, Kirk van Dam, Victor Nicoli, Bernard Giagnacova, Gerard Lavery, Roy Willliams, Frank O'Grady, Malcolm Ratel, John McPartlin, Patrick Lennon, David Noonan, John Loh, David Pillar, John Canning and Zelko Przak v Neil Raymond Morris, Derek Cafferty, Peter Grundy, Malcolm Newham, K Hughes, M Garcia, P Boyle and M Evans No VI 5025 of 1994 [1995] IRCA 69

INDUSTRIAL LAW - Election inquiry - Application for enforcement of rules - Alleged rule invalidity - Rules excluded persons who joined the union as a result of amalgamation with another union from participating in an election in progress on amalgamation day - Whether the rules failed to provide for election of office-bearers by a "direct voting system" - Whether the rules imposed conditions on members that were "oppressive, unreasonable or unjust" - Whether rules applied at all to the relevant elections - Effect of any rule invalidity - Application to actions of Secretary pursuant to the rules of s.253ZD of Industrial Relations Act - Effect of primary Judge's failure to consider s.253ZD. JURISDICTION - Application for prerogative relief against member of the Court - Application remitted from High Court of Australia - Whether primary Judge's error was a jurisdictional error - Power of Court to issue writ of certiorari. Industrial Relations Act 1988, ss.196, 197, 208 and 253ZD. IN THE MATTER of an Application for Writs of Prohibition, Mandamus and Certiorari against THE HONOURABLE JOHN AUGUSTINE KEELY, a Judge of the Industrial Relations Court of Australia & NEIL RAYMOND MORRIS; EX PARTE: MARTIN KINGHAM and THE CONSTRUCTION, FORESTRY, MINING & ENERGY UNION No. VI.5032 of 1994 AND MARTIN KINGHAM, VINCE RAFFA, BILL OLIVER, WAYNE TORPY, DIRK VAN DAM, VICTOR NICOLI, BERNARD GIAGNACOVA, GERARD LAVERY, ROY WILLIAMS, FRANK O'GRADY, MALCOLM RATEL, JOHN McPARTLIN, PATRICK LENNON, DAVID NOONAN, JOHN LOH, DAVID PILLAR, JOHN CANNING and ZELKO PRAZAK v. NEIL RAYMOND MORRIS, DEREK CAFFERTY, PETER GRUNDY, MALCOLM NEWHAM, K HUGHES, M GARCIA, P BOYLE and M EVANS No. VI.5025 of 1994 CORAM: WILCOX CJ, SPENDER & RYAN JJ PLACE: MELBOURNE DATE: 3 MARCH 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) No VI 5032 of 1994 ) VICTORIA DISTRICT REGISTRY )