New South Wales Teachers Federation and Director-General, Department of Education and Training [2008] NSWIRComm 175

Industrial Court of New South Wales

CITATION: New South Wales Teachers Federation and Director-General, Department of Education and Training [2008] NSWIRComm 175

APPLICANT: New South Wales Teachers Federation PARTIES: RESPONDENT: Director General, Department of Education and Training

FILE NUMBER(S): IRC 1426 of 2008

CORAM: Schmidt J

Application under section 173 of the Industrial Relations Act 1996 - construction of section - meaning of term 'arbitral power' - whether before Industrial Court under s 154 of Industrial Relations Act - right granted by section 173 not available in such proceedings CATCHWORDS: Apprehension of bias - application for disqualification of hearing the application - related dispute proceedings conciliated by Commission - reasonable apprehension of bias not firmly established - application refused

LEGISLATION CITED: Industrial Relations Act 1996

Dunstan v von Doussa (No 2) [2008] FCA 827 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Helljay Investments Pty Limited v Deputy Commissioner of Taxation (Cth) [1999] HCA 56; (1999) 74 ALJR 68 Jones v Australian Competition and Consumer Commission [2002] FCA 1054 Landman & Anor v Grange Securities Limited [2006] NSWIRComm 183 CASES CITED: Laws v Australia Broadcasting Tribunal (1990) 170 CLR 70 Minister for Immigration and Multicultural Affairs v Jim Legang (2001) 205 CLR 507 Re Cram; Ex parte Newcastle Wallsend Coal Co Pty Ltd (1987) 163 CLR 140 Re JRL; Ex parte CJL (1986) 161 CLR 342 Re Transport Industry - Quarried Materials Wages (State) Award (1997) 74 IR 296 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1925) 60 ALR 509