Australian Broadcasting Commission v Industrial Court of South Australia [1985] HCA 71

High Court of Australia Wilson J. Australian Broadcasting Commission v Industrial Court of South Australia [1985] HCA 71

ORDER Order accordingly. Wilson J.

In 1976 an appeal was brought by the appellant from an order of the Supreme Court of South Australia discharging orders nisi for prohibition and certiorari directed to the Industrial Court of South Australia. The Industrial Court had embarked upon the hearing of an application by a temporary employee of the appellant for a determination that his dismissal was harsh, unjust or unreasonable.

The questions for consideration by this Court were whether the relevant provisions of the Industrial Conciliation and Arbitration Act 1972 S.A., as amended, applied at all, as a matter of construction, to an employee of the appellant Commission and, if they did, whether they were inconsistent with the provisions of the Broadcasting and Television Act 1942 Cth.

This Court held, by judgment delivered on 29 September 1977, that the two Acts were inconsistent and that, by operation of s. 109 of the Constitution, the Industrial Court had no jurisdiction to hear the application. This Court ordered that the order nisi for prohibition be made absolute, allowed the appeal and ordered the respondents to pay the appellant's costs of the proceedings in the Supreme Court and its costs of the appeal.

The appellant took no action to extract the final order of the court until, by letter dated 31 January 1985, its solicitor sent a draft order and a notice of change of solicitors to the Registry of this Court. The Registry declined to settle and seal the order made on 29 September 1977 without an order of the Court or a justice pursuant to O. 60, r. 12 of the High Court Rules. In form, the present motion seeks such an order but Mr. Dodson, counsel for the appellant, has drawn my attention to O. 44, rr. 5 and 6. Rule 5 provides: