Chalmers, Alan Douglas v Deakin University [2000] IRCA 2

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Chalmers v Deakin University [2000] IRCA 2 INDUSTRIAL LAW – where review sought of decision of a judicial registrar of the Industrial Relations Court of Australia to dismiss an application for relief in relation to termination of employment – where applicant totally and permanently incapacitated and incapable of performing duties – whether termination for valid reason or reasons. PRACTICE AND PROCEDURE – where substantive hearing of application in Industrial Relations Court had begun by the "transfer day" defined in Schedule 16, item 62 of the Workplace Relations and Other Legislation Amendment Act 1996 – whether Federal Court has jurisdiction to deal with application – whether judge of Industrial Relations Court should extend time for review of decision of a judicial registrar.

Workplace Relations Act 1996 s 347, s 377 Industrial Relations Act 1988 s 170DE, s 170EA, s 376(3) Industrial Relations Court Rules O 74 r 3 Workplace Relations and Other Legislation Amendment Act 1996 s 2, Schedule 16 Universities and Post Compulsory Academic Conditions Award 1995 Victorian Post-Compulsory and Higher Education Academic and Teaching Staff (Conditions of Employment) Interim Award 1900 Autistic Association of New South Wales v Dodson [1999] FCA 439 cited Victoria v The Commonwealth (1996) 187 CLR 416 cited Cosco Holdings Pty Ltd v Do (1997) 150 ALR 127 cited Qantas Airways Ltd v Cornwall (1988) 83 IR 102 cited

ALAN DOUGLAS CHALMERS v DEAKIN UNIVERSITY VI 1908 OF 1996 SPENDER J

20 JUNE 2000 BRISBANE

IN THE INDUSTRIAL RELATIONS

COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 1908 OF 1996

BETWEEN: ALAN DOUGLAS CHALMERS

Applicant

AND: DEAKIN UNIVERSITY

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 20 JUNE 2000