High Court of Australia
High Court of Australia Dawson J Re Sutton; Ex parte Victoria
Dawson J.
In my view this application is premature. The proceedings which the applicant seeks to prohibit are at an interlocutory stage in the Industrial Relations Court before Wilcox CJ. They should be allowed to run their course in that Court, including any appeal from any decision by Wilcox CJ. In so far as the application raises a constitutional question or constitutional questions, there is no reason why the Industrial Relations Court should not exercise such jurisdiction as it has to determine that question or questions in the first instance.
It is highly undesirable that this Court should consider the questions raised by this application without the context, factual and otherwise, which will be provided by a decision of the court below. The application will be refused.
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