Holburn & Anor v Shig Pty Ltd & Ors [2007] NSWIRComm 104

Industrial Court of New South Wales

CITATION: Holburn & Anor v Shig Pty Ltd & Ors [2007] NSWIRComm 104

FIRST APPLICANT Andrew Robert John Holburn

SECOND APPLICANT Jodie-Lea Holburn

FIRST RESPONDENT Shig Pty Ltd

SECOND RESPONDENT Tim Burns PARTIES: THIRD RESPONDENT Sheryl Burns

FOURTH RESPONDENT Rushlyn Pty Ltd

FIFTH RESPONDENT Robert Mark James

SIXTH RESPONDENT Opuswich Pty Ltd

FILE NUMBER(S): IRC 3497 of 2006

CORAM: Wright J President; Walton J Vice-President; Boland J

Unfair contract - Constitutional law - Notice of motion contending absence of jurisdiction on constitutional inconsistency grounds - Franchise agreement - Whether Trade Practices Act 1974 (Cth) and Regulations cover the field to the exclusion of the unfair contract provisions of the Industrial Relations Act 1996 - Statutory interpretation - Relationship between statutory empowering provision and Regulations - Whether direct inconsistency between Franchising Code and orders sought in summons for relief - Held that Commonwealth law did not cover the field - Held premature to determine whether direct inconsistency as no orders yet made

CATCHWORDS: Constitutional law - Unfair contract - Notice of motion contending absence of jurisdiction on constitutional inconsistency grounds - Franchise agreement - Whether Trade Practices Act 1974 (Cth) and Regulations cover the field to the exclusion of the unfair contract provisions of the Industrial Relations Act 1996 - Statutory interpretation - Relationship between statutory empowering provision and Regulations - Whether direct inconsistency between Franchising Code and orders sought in summons for relief - Held that Commonwealth law did not cover the field - Held premature to determine whether direct inconsistency as no orders yet made