Hunter Quarries Pty Ltd v Morrison (No 4) [2016] NSWIC 4

Industrial Court New South Wales

Medium Neutral Citation: Hunter Quarries Pty Ltd v Morrison (No 4) [2016] NSWIC 4 Hearing dates: 9 to 13 November 2015; 23 November 2015 (written submissions) Date of orders: 08 April 2016 Decision date: 08 April 2016 Before: Walton J, President; Rothman J; Harrison J Decision: The Court makes the following orders and declarations: (1) The interlocutory steps taken thus far are binding and effective; (2) The Industrial Court does not have jurisdiction to hear and determine the substantive appeals; (3) These appeals are hereby referred to the Chief Justice for allocation to the Court of Criminal Appeal comprised in accordance with the Criminal Appeal Act 1912. Catchwords: INTERLOCUTORY – appeals – occupational health and safety – jurisdiction to hear appeals – whether proceedings are pending proceedings under transitional provisions of Industrial Relations Amendment (Industrial Court) Act 2013 – meaning of term 'proceedings' – interlocutory orders regarding extension of time and summons for production by first Full Bench – hearings by first Full Bench step in application or appeal which was commenced and completed – cl 58(4) of Schedule construed – no proceedings until extension of time granted – appeals proper fixed before Full Bench as presently constituted – appeals proper had neither commenced nor become part-heard or completed before abolition day – Industrial Court does not have jurisdiction to hear and determine appeals – appeals must be heard by Court of Criminal Appeal – appeals referred to Chief Justice for allocation to Court of Criminal Appeal comprised in accordance with Criminal Appeal Act 1912 Legislation Cited: Criminal Appeal Act 1912 Industrial Relations Act 1996 Industrial Relations Amendment (Industrial Court) Act 2013 Judicature Act 1873 (UK) Occupational Health and Safety Act 2000 Service and Execution of Process Act 1992 (Cth) Cases Cited: Cheney v Spooner [1929] HCA 12; (1929) 41 CLR 532 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Hunter Quarries Pty Limited v Morrison [2013] NSWIRComm 49; (2013) 236 IR 180 Hunter Quarries Pty Ltd v Morrison (No 2) [2013] NSWIRComm 98; (2013) 237 IR 410 Hunter Quarries Pty Ltd v Morrison (No 3) [2014] NSWIC1 Kentwell v The Queen [2014] HCA 37; (2014) 252 CLR 601 Krextile Holdings Pty Ltd v Widdows; Re Bruch Fabrics Proprietary Limited [1974] VR 689 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Pryor v City Officers Company (1883) 10 Q.B.D 504 Quazi v Quazi [1979] 3 All ER 424 Rockdale Beef Pty Limited v Industrial Relations Commission of NSW [2007] NSWCA 128; (2007) 165 IR 7 Smalley v Robey & Company Ltd [1962] 1 Q.B. 577 Sparke v Hay [2014] NSWCA 318 Thomas Borthwick & Sons (Pacific Holdings) Ltd v Trade Practices Commission (1988) 18 FCR 424 Category: Principal judgment Parties: 2016/50001: Hunter Quarries Pty Ltd (Appellant) Rodney Morrison (Respondent)