NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: CFMEU v Newcrest Mining Limited [2005] NSWIRComm 129
NOTIFIER / RESPONDENT ON THE MOTION Construction Forestry Mining and Energy Union (New South Wales Branch)
RESPONDENT / APPLICANT ON THE MOTION Newcrest Mining Limited PARTIES: INTERVENORS Commonwealth of Australia Attorney General for New South Wales Labor Council of New South Wales
FILE NUMBER(S): IRC 5730 of 2004
CORAM: Walton J Vice-President; Boland J; Staff J
CATCHWORDS: Costs - Industrial dispute - Constitutional issue - Reference to Full Bench of the Industrial Relations Commission - Full Bench reconstituted as Commission in Court Session to deal with jurisdictional issue - Whether appropriate in the circumstances to award costs - Intimate connection between jurisdictional issue and industrial jurisdiction of Commission - Parties ordered to bear own costs
Industrial Relations Act 1996 s 181 Judiciary Act 1903 (Cth) LEGISLATION CITED: Workplace Relations Act 1996 (Cth)
CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23 Commissioner for Children and Young People v "A" (No 2) [2004] 132 IR 112 CASES CITED: Milne v Attorney General for the State of Tasmania (1956) 95 CLR 460 Oshlack v Richmond River Council (1998) 193 CLR 72
HEARING DATES: 03/15/2005
DATE OF JUDGMENT: 05/06/2005
NOTIFIER / RESPONDENT ON THE MOTION Mr S Crawshaw SC with Mr A M Slevin of counsel Mr A Bukarica CFMEU
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