Taudevin v Egis Consulting Australia Pty Limited (No.2) [2000] NSWIRComm 121

Taudevin v Egis Consulting Australia Pty Limited (No.2) [2000] NSWIRComm 121

The amended questions should be referred to the President for decision by a Full Bench because they raise constitutional issues and important questions as to the jurisdiction and power of the Court under s106 of the Industrial Relations Act 1996, and the applicant consented to the reference.

Jurisdiction
Australia
Judgment Date
21 June 2000
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996; Unfair Contract / Interlocutory Notice of Motion for Reference to Full Bench Pursuant to S193 of the Industrial Relations Act 1996
Outcome
Amended questions referred to the President for decision by a Full Bench of the Commission; the President determined to refer the matter to a Full Bench.
Legal Topics
['unfair Contract' 'reference to Full Bench' 'jurisdiction of the Commission Under S106 of the Industrial Relations Act 1996' 'commonwealth Immunity' 'chapter III of the Constitution']
['industrial Relations' 'constitutional Law' 'jurisdiction'] ['unfair Contract' 'reference to Full Bench' 'jurisdiction of the Commission Under S106 of the Industrial Relations Act 1996' 'commonwealth Immunity' 'chapter III of the Constitution']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996; Unfair Contract / Interlocutory Notice of Motion for Reference to Full Bench Pursuant to S193 of the Industrial Relations Act 1996

Legal Issues

  1. 1 ["Whether questions raised by the second respondent's amended notice of motion should be referred to the President for decision by a Full Bench pursuant to s193 of the Industrial Relations Act 1996." 'Whether the second respondent is immune from any exercise of the power in s106 of the Industrial Relations Act 1996 on the basis that the New South Wales parliament is not constitutionally capable of affecting the Commonwealth in the manner otherwise permitted by the section.' 'Whether the second respondent is immune from any exercise of the power in s106 of the Industrial Relations Act 1996 on the basis that conferral of the relief sought would involve the conferral of non-judicial power on a court exercising federal jurisdiction, contrary to Chapter III of the Constitution.']

Ratio Decidendi

The amended questions should be referred to the President for decision by a Full Bench because they raise constitutional issues and important questions as to the jurisdiction and power of the Court under s106 of the Industrial Relations Act 1996, and the applicant consented to the reference.

Court Disposition

Amended questions referred to the President for decision by a Full Bench of the Commission; the President determined to refer the matter to a Full Bench.

Orders

  • ['The Full Bench shall hear the amended notice of motion at 10.00am, 27 June 2000.' 'The balance of the motions set down for hearing on 18 May will be heard by the President on 27 June, if time is available after the conclusion of the hearing before the Full Bench, and on 6 July.' 'The second respondent is directed...