Hunter Quarries Pty Ltd v Morrison (No 4) [2016] NSWIC 4

Hunter Quarries Pty Ltd v Morrison (No 4) [2016] NSWIC 4

The interlocutory steps taken before abolition day are valid and effective, but the substantive appeals had not commenced before abolition day, so the Industrial Court does not have jurisdiction. The substantive appeals must be heard by the Court of Criminal Appeal under the Criminal Appeal Act 1912 and the transitional provisions of the Industrial Relations Amendment (Industrial Court) Act 2013.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Appeal / Jurisdictional Determination
Outcome
Industrial Court lacks jurisdiction; appeals referred to Court of Criminal Appeal.
Legal Topics
['occupational Health and Safety' 'appeals' 'court Jurisdiction' 'transitional Provisions']
['industrial Law' 'criminal Law'] ['occupational Health and Safety' 'appeals' 'court Jurisdiction' 'transitional Provisions']

Case Brief

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Procedural Posture

Appeal / Jurisdictional Determination

Legal Issues

  1. 1 ['Whether the Industrial Court has jurisdiction to hear and determine substantive appeals' 'Construction of transitional provisions in Industrial Relations Amendment (Industrial Court) Act 2013' "Meaning and application of 'pending proceedings' before abolition day" 'Effect of interlocutory orders prior to abolition day']

Ratio Decidendi

The interlocutory steps taken before abolition day are valid and effective, but the substantive appeals had not commenced before abolition day, so the Industrial Court does not have jurisdiction. The substantive appeals must be heard by the Court of Criminal Appeal under the Criminal Appeal Act 1912 and the transitional provisions of the Industrial Relations Amendment (Industrial Court) Act 2013.

Court Disposition

Industrial Court lacks jurisdiction; appeals referred to Court of Criminal Appeal.

Orders

  • ['The interlocutory steps taken thus far are binding and effective.' 'The Industrial Court does not have jurisdiction to hear and determine the substantive appeals.' 'These appeals are hereby referred to the Chief Justice for allocation to the Court of Criminal Appeal comprised in accordance with the Criminal Appeal...