Re Comalco Aluminium (Bell Bay) Ltd; Ex parte Australian Workers Union

Re Comalco Aluminium (Bell Bay) Ltd; Ex parte Australian Workers Union

Because applicants have already commenced an application for leave to appeal to this Court, and appeals are the ordinary remedy for alleged errors of the court, the application for orders nisi for prerogative relief is refused.

Jurisdiction
Australia
Procedural Posture
Prerogative Relief Application / Order on Application for Orders Nisi
Outcome
Application refused
Legal Topics
['prerogative Relief' 'supervisory Jurisdiction' 'appeals' 'interim Award']
['industrial Relations' 'administrative Law'] ['prerogative Relief' 'supervisory Jurisdiction' 'appeals' 'interim Award']

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Procedural Posture

Prerogative Relief Application / Order on Application for Orders Nisi

Legal Issues

  1. 1 ['Whether the High Court should grant orders nisi for writs of prohibition, mandamus, and certiorari directed to the Full Court of the Industrial Relations Court' 'Whether prerogative relief should be granted when an appeal is available and application for leave has been commenced']

Ratio Decidendi

Because applicants have already commenced an application for leave to appeal to this Court, and appeals are the ordinary remedy for alleged errors of the court, the application for orders nisi for prerogative relief is refused.

Court Disposition

Application refused

Orders

  • ['Application for orders nisi for writs of prohibition, mandamus and certiorari refused']