Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd [1992] HCA 30

Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd [1992] HCA 30

Because the proceedings are related and involve the same parties and essential facts, Deputy President MacBean's participation does not offend the principle of reasonable apprehension of bias; refusal to prohibit him from continuing.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Order Nisi (application Refused)
Outcome
applications refused
Legal Topics
['apprehended Bias' 'disqualification of Tribunal Member' 'industrial Relations Commission Procedures']
['administrative Law' 'industrial Law'] ['apprehended Bias' 'disqualification of Tribunal Member' 'industrial Relations Commission Procedures']

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Procedural Posture

Application for Prohibition / Order Nisi (application Refused)

Legal Issues

  1. 1 ['Whether Deputy President MacBean should be prohibited from participating in the s 115 proceedings due to reasonable apprehension of bias']

Ratio Decidendi

Because the proceedings are related and involve the same parties and essential facts, Deputy President MacBean's participation does not offend the principle of reasonable apprehension of bias; refusal to prohibit him from continuing.

Court Disposition

applications refused

Orders

  • ['Applications for order nisi for writ of prohibition are refused.']