Crewdson v Director General, NSW Department of Ageing Disability and Home Care - Department of Community Services (No 2) [2006] NSWIRComm 336

Industrial Court of New South Wales

CITATION: Crewdson v Director General, NSW Department of Ageing Disability and Home Care - Department of Community Services (No 2) [2006] NSWIRComm 336

APPLICANT: Mr Gerard Crewdson

FIRST RESPONDENT: Director General of NSW Department of Community Services PARTIES: Director General of Department of Ageing, Disability and Home Care

SECOND RESPONDENT: Healthquest/Central Sydney Area Health Services

THIRD RESPONDENT: Ian Knight, NSW Crown Solicitor

FILE NUMBER(S): IRC 477 of 2006

CORAM: Schmidt J; Kavanagh J; Staunton J

CATCHWORDS: Contempt - notice of motion - jurisdiction - applicant's standing to commence proceedings - time within which proceedings must be commenced - nature of Court's jurisdiction - consideration of ss 180, 153, 164 and 399 of the Industrial Relations Act 1996 and Rule 237 of Court's Rules - functions of Supreme Court in relation to contempt - applicant has no standing to bring proceedings - proceedings set aside

Industrial Relations Commission Rules LEGISLATION CITED: Industrial Relations Act 1996 Supreme Court Act 1970 Supreme Court Rules

Crewdson v Director General, NSW Department of Ageing Disability and Home Care/Department of Community Services [2006] NSWIRComm 185 Ditford v Calcraft (1989) 98 SLR 158 CASES CITED: R v Dunbabin; Ex parte Williams (1935) 53 CLR 434 European Asian Bank AG v Wentworth and Ors (1986) 5 NSWLR 445 Re McJannet:Ex parte Minister for Employment, Training and Industrial Relations (Qld) (1995) 184 CLR 620 Uniting Church of Australia Property Trust (NSW) v Industrial Relations Commission (NSW) (2004) 60 NSWLR 602