CFMEU v AWU (Queensland) [1996] IRCA 251

CFMEU v AWU (Queensland) [1996] IRCA 251

Judicial Registrars do not have power to deal with returns of subpoena and Notices of Motion unless the matters are specifically delegated; therefore, these matters must be referred to a Judge.

Parties
Applicant: Construction Forestry Mining and Engineering Union; First Respondent: The Australian Workers Union of Employees, Queensland; Second Respondent: Queensland Confederation of Industry Limited, Union of Employers
Jurisdiction
Australia
Judgment Date
23 April 1996
Procedural Posture
Industrial Law Proceedings / Return of Subpoena and Notices of Motion Before Judicial Registrar
Outcome
Notices of Motion and returns of subpoena referred to a Judge
Legal Topics
Judicial Registrars' Powers, Subpoena, Notice of Motion, Delegation of Court Powers
Industrial Law Judicial Registrars' Powers Subpoena Notice of Motion Delegation of Court Powers

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Parties

Construction Forestry Mining and Engineering Union

Applicant

The Australian Workers Union of Employees, Queensland

First Respondent

Queensland Confederation of Industry Limited, Union of Employers

Second Respondent

Procedural Posture

Industrial Law Proceedings / Return of Subpoena and Notices of Motion Before Judicial Registrar

Legal Issues

  1. 1 Whether Judicial Registrars have power to deal with returns of subpoena and Notices of Motion unrelated to delegated matters
  2. 2 Whether these matters should be referred to a Judge

Ratio Decidendi

Judicial Registrars do not have power to deal with returns of subpoena and Notices of Motion unless the matters are specifically delegated; therefore, these matters must be referred to a Judge.

Court Disposition

Notices of Motion and returns of subpoena referred to a Judge

Orders

  • The Notices of Motion be referred to a Judge