Shanahan v Australian Industrial Relations Commission [2006] FCAFC 172

The proposed additional grounds did not disclose any arguable basis for jurisdictional error by the Full Bench of the Australian Industrial Relations Commission; each sought to revisit merits-based issues already decided by the Commission, and thus leave to amend was refused.

Jurisdiction: Australia
Judgment Date: 21 November 2006
Procedural Posture: Application for Constitutional Writ Relief (order to Show Cause) / Application for Leave to Amend Grounds on Remittal From the High Court
Outcome: Application for leave to amend application for an order to show cause refused
Legal Topics: ['jurisdictional Error' 'unfair Dismissal' 'amendment of Pleadings']

['workplace Relations' 'administrative Law'] ['jurisdictional Error' 'unfair Dismissal' 'amendment of Pleadings']

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Procedural Posture

Application for Constitutional Writ Relief (order to Show Cause) / Application for Leave to Amend Grounds on Remittal From the High Court

Legal Issues

1 ['Whether proposed additional grounds for review disclosed any arguable basis for jurisdictional error by the Full Bench of the Australian Industrial Relations Commission' 'Whether leave should be granted to amend the grounds for an order to show cause']

Ratio Decidendi

Court Disposition

Application for leave to amend application for an order to show cause refused

Orders

['The application for leave to amend the application for an order to show cause is refused.']