McJannet v White [1992] FCA 1098

McJannet v White [1992] FCA 1098

Leave to intervene was appropriate because the substantive application squarely raised the interaction of the Commonwealth Industrial Relations Act with Queensland industrial legislation, the Minister sought only to make submissions on the evidence and on interpretation of State legislation he administered, and any risk of undue prolongation could be controlled by revoking leave or imposing conditions.

Jurisdiction
Australia
Judgment Date
15 July 1992
Procedural Posture
Industrial Proceeding / Application for Leave to Intervene and for Joinder of Additional Respondents
Outcome
Leave granted to the Minister to intervene; leave granted to join the Industrial Registrar for the State of Queensland and Graham Dolbel as third and fourth respondents respectively.
Legal Topics
['intervention' 'joinder of Respondents' 'interaction Between Commonwealth and Queensland Industrial Legislation' 'union Amalgamation Ballot']
['industrial Relations' 'civil Procedure'] ['intervention' 'joinder of Respondents' 'interaction Between Commonwealth and Queensland Industrial Legislation' 'union Amalgamation Ballot']

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Procedural Posture

Industrial Proceeding / Application for Leave to Intervene and for Joinder of Additional Respondents

Legal Issues

  1. 1 ['Whether the Minister for Employment, Training and Industrial Relations for the State of Queensland should be granted leave to intervene under s.59 of the Industrial Relations Act 1988.' 'Whether the Attorney-General for the State of Queensland not exercising a right to intervene under s.78A of the Judiciary Act should prevent the Minister being granted leave to intervene.' 'Whether leave should be granted to join the Industrial Registrar for the State of Queensland and Graham Dolbel as third and fourth respondents.']

Ratio Decidendi

Leave to intervene was appropriate because the substantive application squarely raised the interaction of the Commonwealth Industrial Relations Act with Queensland industrial legislation, the Minister sought only to make submissions on the evidence and on interpretation of State legislation he administered, and any risk of undue prolongation could be controlled by revoking leave or imposing conditions.

Court Disposition

Leave granted to the Minister to intervene; leave granted to join the Industrial Registrar for the State of Queensland and Graham Dolbel as third and fourth respondents respectively.

Orders

  • ['The Minister for Employment, Training and Industrial Relations for the State of Queensland is granted leave to intervene.' 'The applicant is granted leave to join the Industrial Registrar for the State of Queensland as third respondent.' 'The applicant is granted leave to join Mr Graham Dolbel as fourth...