Australian Nursing Federation, in the matter of an application for Writs of Mandamus, Certiorari and/or Constitutional Relief against Munro [2003] FCA 1581

Australian Nursing Federation, in the matter of an application for Writs of Mandamus, Certiorari and/or Constitutional Relief against Munro [2003] FCA 1581

Given the nature of the applicant’s draft orders nisi, and because the grounds include confusion of judicial review grounds with merits criticisms, as well as belated claims of denial of natural justice, it is expedient and appropriate that the application for orders nisi be heard first, with any further hearings or orders at the discretion of the Full Court.

Parties
Prosecutor: Australian Nursing Federation; First Respondents: The Honourable Justice Munro, The Honourable Senior Deputy President Marsh, and The Honourable Commissioner Deegan as members of a Full Bench of the Australian Industrial Relations Commission and the Australian Industrial Relations Commission; Second Respondents: State of Queensland and the Mater Misericordiae Health Services Brisbane Limited
Jurisdiction
Australia
Judgment Date
28 November 2003
Procedural Posture
Application for Constitutional Writs (mandamus, Certiorari, And/or Constitutional Relief) / Directions/interlocutory (listing for Hearing of Orders Nisi) on Remittal From High Court
Outcome
Application for orders nisi to be listed for hearing at the February sittings of the Full Court; costs reserved; applicant may amend draft orders nisi by 31 December 2003.
Legal Topics
Writs of Mandamus, Writs of Certiorari, Constitutional Relief, Judicial Review, Procedural Fairness
Administrative Law Constitutional Law Writs of Mandamus Writs of Certiorari Constitutional Relief Judicial Review Procedural Fairness

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Parties

Australian Nursing Federation

Prosecutor

The Honourable Justice Munro, The Honourable Senior Deputy President Marsh, and The Honourable Commissioner Deegan as members of a Full Bench of the Australian Industrial Relations Commission and the Australian Industrial Relations Commission

First Respondents

State of Queensland and the Mater Misericordiae Health Services Brisbane Limited

Second Respondents

Procedural Posture

Application for Constitutional Writs (mandamus, Certiorari, And/or Constitutional Relief) / Directions/interlocutory (listing for Hearing of Orders Nisi) on Remittal From High Court

Legal Issues

  1. 1 Whether the application for orders nisi ought to be heard separately before the Full Court or jointly with an application for orders absolute
  2. 2 Whether the draft orders nisi involve confusion between grounds for judicial review and merits criticisms
  3. 3 Whether complaints of denial of natural justice warrant separate preliminary consideration

Ratio Decidendi

Given the nature of the applicant’s draft orders nisi, and because the grounds include confusion of judicial review grounds with merits criticisms, as well as belated claims of denial of natural justice, it is expedient and appropriate that the application for orders nisi be heard first, with any further hearings or orders at the discretion of the Full Court.

Court Disposition

Application for orders nisi to be listed for hearing at the February sittings of the Full Court; costs reserved; applicant may amend draft orders nisi by 31 December 2003.

Orders

  • The application for orders nisi be listed for hearing at the February sittings of the Full Court.
  • The applicant may file and serve any amended draft orders nisi on or before 31 December 2003.