Altaranesi v Industrial Relations Commission of New South Wales [2011] NSWCA 351

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Altaranesi v Industrial Relations Commission of New South Wales [2011] NSWCA 351 Hearing dates: 9 September 2011 Decision date: 18 November 2011 Before: Campbell JA at [1] Whealy JA at [111] Meagher JA at [112] Decision: Summons dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - prerogative writs - privative clause - s 179 Industrial Relations Act 1996 - effect of Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 - whether privative clause effective to exclude power to grant prerogative relief on basis of error of law on the face of the record

ADMINISTRATIVE LAW - jurisdictional error - whether Full Bench of Industrial Relations Commission invoked wrong source of power - ss 187, 188 Industrial Relations Act 1996

ADMINISTRATIVE LAW - jurisdictional error - whether factual error concerning presence of interpreter was jurisdictional error

ADMINISTRATIVE LAW - jurisdictional error - whether refusal to regard misunderstanding of Commissioner as reason for granting leave to appeal was jurisdictional error

ADMINISTRATIVE LAW - jurisdictional error - whether Wednesbury unreasonableness in refusing to hold documents provided as part of settlement as inadequate