High Court of Australia
UU,
IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIORARI, MANDAMUS AND PROHIBITION AGAINST THE HONOURABLE MR JUSTICE MICHAEL FRANCIS MOORE,
A_DEP' PRESIDENT OF [E_AUST! I. INDUSTRIAL
RELATIONS COMMISSION
EX PARTE DAVID INGLES PILLAR
JUDGMENT DAWSON J. (oral)
16/10/1991
IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIORARI, MANDAMUS AND PROHIBITION AGAINST THE HONOURABLE MR JUSTICE MICHAEL FRANCIS MOORE, A DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
EX PARTE DAVID INGLES PILLAR
On 11 September 1991 I granted an application for orders nisi for writs of certiorari and prohibition in this matter to enable the prosecutor to contest the validity of an order made by a designated Presidential Member of the Industrial Commission, Deputy President Moore, pursuant to s.253Q(2) of the Industrial Relations Act 1988 (Cth) ("the Act"). I use the word "order" for want of a better word, but there is some contest as to the precise nature of the action taken by the Deputy President which the prosecutor seeks to contest. Section 253Q(2) appears in Div.7 of Pt IX of the Act, which is the Division dealing with the amalgamation of organizations. Section 253Q(1) provides that the scheme of a proposed amalgamation that is approved for the purposes of the Division takes effect in accordance with the section. Sub-section (2) of s.253Q provides that if a designated Presidential Member is satisfied that, amongst other things, there
are no proceedings (other than civil proceedings)
pending against any of the existing organizations concerned in the amalgamation in relation to contraventions of the Act "the Presidential Member must, after consultation with the existing organizations, by notice published as prescribed, fix a day (in this Subdivision called the 'amalgamation day') as the day on which the amalgamation is to take
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