NSW Caselaw
Industrial Court of New South Wales
CITATION: Kim Hollingsworth v Commissioner of Police [2007] NSWIRComm 7
APPLICANT Kim Hollingsworth PARTIES: RESPONDENT Commissioner of Police, NSW Police
FILE NUMBER(S): IRC 2074 of 2006
CORAM: Walton J Vice-President; Boland J; Backman J
Practice and procedure - Unfair dismissal - Application to vary reinstatement order - Notice of motion seeking to strike out application to vary - Whether Industrial Court has power to vary reinstatement order made by Commission in Court Session constituted under the Industrial Relations Act 1996 but which made the Reinstatement Order under the appeal powers of the 1996 Act according to the substantive law of the Industrial Relations Act 1991 - Whether s 43 of Interpretation Act 1987 provides an express source of power to vary the Reinstatement Order - Whether the Court has any implied power to re-open the Reinstatement Order - Approach to statutory interpretation - Privative provisions of 1996 Act - Held s 43 of Interpretation Act does not provide power to vary Reinstatement Order - Held no express or implied power to re-open Reinstatement Order
CATCHWORDS: Unfair dismissal - Practice and Procedure - Application to vary reinstatement order - Notice of motion seeking to strike out application to vary - Whether Industrial Court has power to vary reinstatement order made by Commission in Court Session constituted under the Industrial Relations Act 1996 but which made the Reinstatement Order under the appeal powers of the 1996 Act according to the substantive law of the Industrial Relations Act 1991 - Whether s 43 of Interpretation Act 1987 provides an express source of power to vary the Reinstatement Order - Whether the Court has any implied power to re-open the Reinstatement Order - Approach to statutory interpretation - Privative provisions of 1996 Act - Held s 43 of Interpretation Act does not provide power to vary Reinstatement Order - Held no express or implied power to re-open Reinstatement Order
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