Re Commonwealth of Australia & Anor; Ex parte Marks [2000] HCA 67

Re Commonwealth of Australia & Anor; Ex parte Marks [2000] HCA 67

The application for extension of time is refused as the applicant failed to advance even an arguable case of jurisdictional error by the Full Bench, and the delay of 17 months before seeking relief was not reasonably explained or justified by his difficulties in obtaining legal advice. The principles governing jurisdictional error do not support relief in this context. There is no order as to costs as proceedings were not shown to be commenced without reasonable cause.

Parties
Applicant: Joseph Toni Marks; First Respondent: Vice President McIntyre; First Respondent: Senior Deputy President Harrison; First Respondent: Commissioner Harrison; Second Respondent: The Commonwealth of Australia (Department of Defence)
Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Application for Extension of Time and Constitutional Writs / Order on Notice of Motion for Extension of Time
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
Extension of Time, Jurisdictional Error, Costs in Industrial Proceedings
Practice and Procedure Constitutional Law Employment Law Extension of Time Jurisdictional Error Costs in Industrial Proceedings

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Parties

Joseph Toni Marks

Applicant

Vice President McIntyre

First Respondent

Senior Deputy President Harrison

First Respondent

Commissioner Harrison

First Respondent

The Commonwealth of Australia (Department of Defence)

Second Respondent

Procedural Posture

Application for Extension of Time and Constitutional Writs / Order on Notice of Motion for Extension of Time

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to seek constitutional relief against a decision of the Full Bench of the Australian Industrial Relations Commission
  2. 2 Whether there was a jurisdictional error by the Full Bench of the AIRC in refusing leave to appeal
  3. 3 Whether the costs provisions of s 347 of the Workplace Relations Act 1996 (Cth) applied

Ratio Decidendi

The application for extension of time is refused as the applicant failed to advance even an arguable case of jurisdictional error by the Full Bench, and the delay of 17 months before seeking relief was not reasonably explained or justified by his difficulties in obtaining legal advice. The principles governing jurisdictional error do not support relief in this context. There is no order as to costs as proceedings were not shown to be commenced without reasonable cause.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • The notice of motion is dismissed.
  • No order as to costs.