Sutton v Sharp (No 3) [2000] IRCA 1

Sutton v Sharp (No 3) [2000] IRCA 1

The De-recognition Act was validly extended past one year as all provisions had been duly proclaimed, amendments and orders were effectively validated, the Victorian legislation was neither inconsistent with section 205 of the federal Act nor invalid under sections 92 or 109 of the Constitution, and the Custodian's filing of a defence objectively constituted effective avoidance of the property disposition notwithstanding his mistaken legal view.

Jurisdiction
Australia
Judgment Date
12 May 2000
Procedural Posture
Appeal and Remitter / Post Remitter Determination of Issues Under Notice of Contention and Supplementary Reasons
Outcome
Appeals allowed in part; paragraphs 3 and 4 of Wilcox CJ's orders set aside; liberty to apply reserved; supplementary order sets aside previous orders in certain proceedings.
Legal Topics
['registered Organisations' 'deregistration and Merger' 'control of Union Property' 'conflict of State and Federal Law (s 109)' 'freedom of Interstate Intercourse (s 92)' 'construction and Amendment of Statutes']
['industrial Law' 'statutory Interpretation' 'constitutional Law'] ['registered Organisations' 'deregistration and Merger' 'control of Union Property' 'conflict of State and Federal Law (s 109)' 'freedom of Interstate Intercourse (s 92)' 'construction and Amendment of Statutes']

Case Brief

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Procedural Posture

Appeal and Remitter / Post Remitter Determination of Issues Under Notice of Contention and Supplementary Reasons

Legal Issues

  1. 1 ['Whether the BLF (De-recognition) Act 1985 (Vic) ceased to have effect due to failure to proclaim all provisions within a year' 'Whether the BLF (De-recognition) (Amendment) Act 1987 (Vic) could revive or validate orders and provisions' 'Validity of certain Orders in Council conferring powers on the Custodian' 'Whether the Victorian legislation was inconsistent with s 205 of the Industrial Relations Act 1988 (Cth) or invalid under s 92 or s 109 of the Constitution' "Whether the Custodian's avoidance of property disposition was invalid due to error of law or improper exercise of discretion"]

Ratio Decidendi

The De-recognition Act was validly extended past one year as all provisions had been duly proclaimed, amendments and orders were effectively validated, the Victorian legislation was neither inconsistent with section 205 of the federal Act nor invalid under sections 92 or 109 of the Constitution, and the Custodian's filing of a defence objectively constituted effective avoidance of the property disposition notwithstanding his mistaken legal view.

Court Disposition

Appeals allowed in part; paragraphs 3 and 4 of Wilcox CJ's orders set aside; liberty to apply reserved; supplementary order sets aside previous orders in certain proceedings.

Orders

  • ['The appeals from the judgment and orders of Wilcox CJ of 23 August 1995 be allowed in part.' 'Paragraphs 3 and 4 of the declarations and orders made by Wilcox CJ on 23 August 1995 be set aside.' 'Liberty reserved to any party to apply on not less than 72 hours’ written notice.' 'Orders of 10 March 2000 (insofar as...