Alan Rowe, Employment Advocate v National Union of Workers [1999] FCA 857

Alan Rowe, Employment Advocate v National Union of Workers [1999] FCA 857

The office constituted by Parliament is the Employment Advocate, and it is that office, not the temporary individual office holder, that is authorised to carry out the statutory functions and bring proceedings. The proceedings should always have been brought in the name of the Employment Advocate, so Mr Rowe's departure from office did not require the case to fail and the amendment should be granted.

Jurisdiction
Australia
Judgment Date
16 June 1999
Procedural Posture
Federal Court Proceedings Concerning the Employment Advocate Under the Workplace Relations Act / Application to Amend the Proceedings to Delete Alan Rowe's Name and Proceed in the Name of the Employment Advocate
Outcome
Amendment granted; respondents' objections rejected.
Legal Topics
['employment Advocate' 'amendment of Proceedings' 'office Holder as Litigant' 'workplace Relations Act' 'freedom of Association Proceedings']
['employment Law' 'industrial Relations' 'civil Procedure' 'administrative Law'] ['employment Advocate' 'amendment of Proceedings' 'office Holder as Litigant' 'workplace Relations Act' 'freedom of Association Proceedings']

Case Brief

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Procedural Posture

Federal Court Proceedings Concerning the Employment Advocate Under the Workplace Relations Act / Application to Amend the Proceedings to Delete Alan Rowe's Name and Proceed in the Name of the Employment Advocate

Legal Issues

  1. 1 ["Whether the proceedings could be amended to delete Alan Rowe's name and proceed in the name of the Employment Advocate." 'Whether proceedings brought by an official office should be constituted in the name of the temporary office holder or the office itself.' "Whether Mr Rowe's cessation as Employment Advocate meant the proceedings must fail or could not be carried on."]

Ratio Decidendi

The office constituted by Parliament is the Employment Advocate, and it is that office, not the temporary individual office holder, that is authorised to carry out the statutory functions and bring proceedings. The proceedings should always have been brought in the name of the Employment Advocate, so Mr Rowe's departure from office did not require the case to fail and the amendment should be granted.

Court Disposition

Amendment granted; respondents' objections rejected.

Orders

  • ['The amendment deleting the name of Mr Rowe is granted.' 'The proceedings will henceforth be constituted as the Employment Advocate against the respondents.']