IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIRARI, MANDAMUS AND PROHIBITION AGAINST THE HONOURABLE MR JUSTICE MICHAEL FRANCIS MOORE, A DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION; EX PARTE DAVID INGLES PILLAR

IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIRARI, MANDAMUS AND PROHIBITION AGAINST THE HONOURABLE MR JUSTICE MICHAEL FRANCIS MOORE, A DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION; EX PARTE DAVID INGLES PILLAR

The stay of the Deputy President’s order and of further proceedings should be removed since, even without a stay, if the prosecutor ultimately succeeds the Court could still grant effective relief by determining that the amalgamation day was improperly fixed, with any resulting consequences capable of being remedied.

Parties
Prosecutor: David Ingles Pillar; Respondent: Michael Francis Moore; Respondent: Building Workers' Industrial Union of Australia; Respondent: Australian Timber and Allied Industries Union
Jurisdiction
Australia
Judgment Date
16 October 1991
Procedural Posture
Application for Writs of Certiorari, Mandamus and Prohibition / Interlocutory Applications to Join Parties, to Remove or Continue Stay of Order
Outcome
Applications by BWIU and ATAIU to be joined as respondents granted; application to remove the stay of order granted; stay removed.
Legal Topics
Prerogative Writs, Amalgamation of Organisations, Exclusive Jurisdiction, Effect of Amalgamation on Pending Proceedings, Stay of Orders
Administrative Law Industrial Law Prerogative Writs Amalgamation of Organisations Exclusive Jurisdiction Effect of Amalgamation on Pending Proceedings Stay of Orders

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Parties

David Ingles Pillar

Prosecutor

Michael Francis Moore

Respondent

Building Workers' Industrial Union of Australia

Respondent

Australian Timber and Allied Industries Union

Respondent

Procedural Posture

Application for Writs of Certiorari, Mandamus and Prohibition / Interlocutory Applications to Join Parties, to Remove or Continue Stay of Order

Legal Issues

  1. 1 Whether criminal proceedings pending in the Magistrates' Court constituted 'proceedings pending' under s.253Q of the Industrial Relations Act 1988 (Cth) preventing fixation of amalgamation day
  2. 2 Whether the stay of order pending the determination of the application for prerogative relief should remain in place
  3. 3 Whether the joining of additional respondent parties (unions) was appropriate

Ratio Decidendi

The stay of the Deputy President’s order and of further proceedings should be removed since, even without a stay, if the prosecutor ultimately succeeds the Court could still grant effective relief by determining that the amalgamation day was improperly fixed, with any resulting consequences capable of being remedied.

Court Disposition

Applications by BWIU and ATAIU to be joined as respondents granted; application to remove the stay of order granted; stay removed.

Orders

  • The Building Workers' Industrial Union of Australia and the Australian Timber and Allied Industries Union are joined as respondents.
  • The stay of the Deputy President’s order is lifted.