Health Services Union NSW v Michael Alexander Williamson [2013] NSWIRComm 3

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW v Michael Alexander Williamson [2013] NSWIRComm 3 Hearing dates: 20 December 2012 Decision date: 01 February 2013 Before: Boland J, President Decision: The Court makes the following orders: (1)The respondent's motion is dismissed. (2)The proceeding in Matter No IRC 1129 of 2012 is transferred to the Supreme Court of New South Wales in accordance with s 151(2) of the Civil Procedure Act 2005. (3)The respondent is to pay the applicant's costs of the motions. Catchwords: REGISTERED ORGANISATIONS - Application by Health Services Union ("HSU") for recovery of monies from former officer - Allegations of contravention of ss 267 and 268 of the Industrial Relations Act 1996 - TRANSFER OF PROCEEDINGS - Notice of motion by HSU for transfer of proceedings to Supreme Court of NSW - Notice of motion by former officer that being criminal in nature, proceedings under ss 267 and 268 are unable to be transferred to the Supreme Court pursuant to s 151 of the Civil Procedure Act 2005 and proceedings should be struck out - STATUTORY INTERPRETATION - Whether contravention under s 270(2) of the Industrial Relations Act refers to an offence or whether proceedings are civil - Consideration of Sent v Jet Corp of Australia Pty Ltd [1986] HCA 35; (1986) 160 CLR 540 - Contravention under s 270(2) held to be civil and not criminal - Proper grounds established for transfer to Supreme Court - Orders made Legislation Cited: Civil Procedure Act 2005 Competition and Consumer Act 2010 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Industrial Relations (General Regulation) 2001 Industrial Relations Act 1991 Industrial Relations Act 1996 Industrial Relations Bill 1991 Industrial Relations Bill 1996 Interpretation Act 1987 Trade Practices Act 1974 (Cth) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 285 ALR 27 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 290 ALR 647 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 293 ALR 412 HSUeast and Director-General, Department of Finance and Services [2012] NSWIRComm 112 NRMA v Gould (1995) 18 ACSR 290 Newcastle City Council v GIO General Limited [1997] HCA 53; (1997) 191 CLR 85 Sent v Jet Corp of Australia Pty Ltd [1986] HCA 35; (1986) 160 CLR 540 Category: Interlocutory applications Parties: Health Services Union NSW (Applicant/Respondent on Motion) Michael Williamson (Applicant/Respondent on Motion) Representation: Mr T Game SC with Mr I Latham of counsel (for Williamson) Mr H Stowe of counsel (for HSU NSW) Carroll O'Dea Lawyers (for HSU NSW) Uther Webster & Evans (for Williamson) File Number(s): IRC 1129 of 2012