Re Operative Plasterers Workers Federation of Australia; Ex parte Brown

Re Operative Plasterers Workers Federation of Australia; Ex parte Brown

Assuming the Full Bench made an error, there was no basis for concluding that it amounted to jurisdictional error or constructive failure to exercise jurisdiction; therefore mandamus was not available.

Jurisdiction
Australia
Procedural Posture
Application for Prerogative Relief, Including Mandamus / Application Before Gaudron J
Outcome
Application dismissed.
Legal Topics
['prerogative Relief' 'mandamus' 'jurisdictional Error' 'constructive Failure to Exercise Jurisdiction' 'redundancy Provisions in Industrial Awards']
['administrative Law' 'industrial Law'] ['prerogative Relief' 'mandamus' 'jurisdictional Error' 'constructive Failure to Exercise Jurisdiction' 'redundancy Provisions in Industrial Awards']

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Procedural Posture

Application for Prerogative Relief, Including Mandamus / Application Before Gaudron J

Legal Issues

  1. 1 ["Whether the alleged error by Commissioner Palmer, and the Full Bench's refusal of leave to appeal, amounted to jurisdictional error or constructive failure to exercise jurisdiction grounding mandamus."]

Ratio Decidendi

Assuming the Full Bench made an error, there was no basis for concluding that it amounted to jurisdictional error or constructive failure to exercise jurisdiction; therefore mandamus was not available.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']