Construction, Forestry, Mining and Energy Union v Clarke [2005] FCA 986

Construction, Forestry, Mining and Energy Union v Clarke [2005] FCA 986

Due to statutory amendments, the Magistrates Court (including when exercising general/civil jurisdiction) is now explicitly a 'court of summary jurisdiction' under Western Australian law and within the meaning of s 25(5) Federal Court Act. Therefore, the appeal is open to be heard by a single judge or a Full Court.

Jurisdiction
Australia
Judgment Date
20 July 2005
Procedural Posture
Appeal / Preliminary Question as to Jurisdiction—whether the Appeal Is to Be Listed Before a Single Judge or a Full Court
Outcome
Preliminary question answered: the Industrial Magistrate's Court is a court of summary jurisdiction, allowing the appeal to be listed before a single judge or a Full Court.
Legal Topics
["appeal From Industrial Magistrate's Court" 'court of Summary Jurisdiction' 'federal Court Appellate Procedure' 'jurisdictional Characterisation']
['procedure' 'workplace Relations'] ["appeal From Industrial Magistrate's Court" 'court of Summary Jurisdiction' 'federal Court Appellate Procedure' 'jurisdictional Characterisation']

Case Brief

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Procedural Posture

Appeal / Preliminary Question as to Jurisdiction—whether the Appeal Is to Be Listed Before a Single Judge or a Full Court

Legal Issues

  1. 1 ["Whether the Industrial Magistrate's Court is a 'court of summary jurisdiction' for the purpose of s 25(5) Federal Court of Australia Act 1976 (Cth)" 'Whether the appeal may be heard by a single judge or requires a Full Court']

Ratio Decidendi

Due to statutory amendments, the Magistrates Court (including when exercising general/civil jurisdiction) is now explicitly a 'court of summary jurisdiction' under Western Australian law and within the meaning of s 25(5) Federal Court Act. Therefore, the appeal is open to be heard by a single judge or a Full Court.

Court Disposition

Preliminary question answered: the Industrial Magistrate's Court is a court of summary jurisdiction, allowing the appeal to be listed before a single judge or a Full Court.

Orders

  • ['The appeal be referred to the Chief Justice for determination of whether it is to be listed before a single judge or a Full Court in accordance with s 25(5) of the Federal Court of Australia Act 1976 (Cth)']