Re Coldham; Ex parte Brideson [No 2] [1990] HCA 36

High Court of Australia Deane, Gaudron and McHugh JJ. Re Coldham; Ex parte Brideson [No 2] [1990] HCA 36

ORDER Order nisi for writs of mandamus and certiorari discharged.

The Court published the following written reasons for judgment:—

Deane J.

The Court is of the view that the order nisi should be discharged and it is so ordered. The Court will publish its reasons for that order at a subsequent date.

Aug. 22 Deane, Gaudron and McHugh JJ.

At the conclusion of the argument in this matter, the Court discharged an order nisi for the issue of writs of mandamus and certiorari directed to members of the Australian Industrial Relations Commission. The order nisi had been obtained by Andrew Brideson ("the applicant") on behalf of the Teachers' Association of Australia. The Court stated that it would publish its reasons for discharging the order nisi at a subsequent date. We now give our reasons for discharging the order nisi.

As Mr. Dalton Q.C., counsel for the applicant, developed his argument in this Court, it became apparent that one issue in the application was whether on an appeal from an act or decision of the Registrar of the Australian Industrial Relations Commission the Commission had jurisdiction to hear evidence concerning matters which had arisen since the date of the act or decision of the Registrar. The issue arose because, in determining appeals against a decision of the Registrar to register the Teachers' Association of Australia ("T.A.A.") as an organization of employees under the Conciliation and Arbitration Act 1904 Cth ("the Act") (now repealed), the Full Bench of the Commission upheld a ground of objection under s. 142 of the Act which had not, and could not have, been relied upon before the Registrar. Although the Full Bench held that registration should also be refused on another ground, it was common ground in this Court that the order nisi had to be discharged unless the applicant could establish that the Full Bench had misconceived its jurisdiction in respect of the objection based on s. 142. It was also common ground that, notwithstanding the commencement of the Industrial Relations Act 1988 Cth, the proceedings fell to be resolved by reference to the relevant provisions of the Act (see Industrial Relations (Consequential Provisions) Act 1988 Cth, s. 9).