High Court of Australia
High Court of Australia Brennan CJ Deane, Dawson, Toohey, McHugh and Gummow JJ Re McJannet; Ex parte Minister for Employment, Training and Industrial Relations (Qld) [1995] HCA 31
ORDER Matter No B17 of 1994
1. Order nisi for writ of prohibition directed to the first respondents be made absolute.
2. Order nisi for writ of certiorari discharged.
3. The prosecutor and the respondents have liberty to apply in writing within fourteen days for an order for the costs of the proceedings in the Federal Court and in this Court.
Matter No B18 of 1994
1. Order nisi for writ of prohibition directed to the first respondents be made absolute.
2. Order nisi for writ of certiorari discharged.
3. The prosecutors and the respondents have liberty to apply in writing within fourteen days for an order for the costs of the proceedings in the Federal Court and in this Court.
Cur adv vult
The following written judgments were delivered:—
9 November 1995 Brennan CJ, Deane and Dawson JJ.
These proceedings arise out of the amalgamation under the Industrial Relations Act 1988 Cth of the Australian Theatrical and Amusement Employees Association (the ATAEA) with the Australian Journalists' Association and Actors' Equity. The new organisation is called the Media, Entertainment and Arts Alliance (the Alliance). The dispute concerns the ownership of certain assets to which the Alliance claims to be entitled following the amalgamation. The assets are also claimed by the Queensland branch of the Australian Theatrical and Amusement Union of Employees, a body registered pursuant to the provisions of the Industrial Arbitration Act 1916 Q (the Queensland Act) [55] in the following circumstances.
1. The Industrial Arbitration Act 1916 Q has been replaced by successive Acts but savings provisions have continued existing registrations. See Industrial Conciliation and Arbitration Act 1929 Q, s 4; Industrial Conciliation and Arbitration Acts 1932 Q, s 3; Industrial Conciliation and Arbitration Acts 1961 Q, s 4; Industrial Relations Act 1990 Q, ss 1.4, 1.5.
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