High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
PUBLIC SERVICE ASSOCIATION OF SOUTH AUSTRALIA INCORPORATED APPLICANT
AND
INDUSTRIAL RELATIONS COMMISSION OF SOUTH AUSTRALIA AND ANOR RESPONDENTS
Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia [2012] HCA 25 11 July 2012 A7/2011
ORDER
1. Special leave to appeal granted.
2. Appeal treated as instituted and heard instanter, and allowed.
3. Set aside the orders of the Full Court of the Supreme Court of South Australia made on 15 March 2011.
4. Remit the matter to the Full Court of the Supreme Court of South Australia for determination of the appellant's summons for judicial review, including any questions of costs in the Full Court.
5. The second respondent, the Chief Executive, Department of the Premier and Cabinet of South Australia, pay the costs of the appellant in this Court.
On appeal from the Supreme Court of South Australia
Representation
P A Heywood-Smith QC with P N Moloney for the applicant (instructed by Moloney and Partners)
Submitting appearance for the first respondent
M G Hinton QC, Solicitor-General for the State of South Australia with D F O'Leary for the second respondent and intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor (SA))
S J Gageler SC, Solicitor-General of the Commonwealth with G R Kennett SC and C D Bleby intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
W Sofronoff QC, Solicitor-General of the State of Queensland with G J D del Villar intervening on behalf of the Attorney-General of the State of Queensland (instructed by Crown Law (Qld))
G L Sealy SC, Solicitor-General of the State of Tasmania with S D Gates intervening on behalf of the Attorney-General of the State of Tasmania (instructed by Crown Solicitor for Tasmania)
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