Hogan v Employment National (Administration) Pty Limited. [2000] NSWIRComm 47

Hogan v Employment National (Administration) Pty Limited. [2000] NSWIRComm 47

It is inappropriate to determine the respondent's notice of motion to set aside the amended summons for want of jurisdiction at a preliminary or threshold stage because resolution of the jurisdictional issues, including the operation of s109A and the constitutional point, requires a substantive examination of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 August 2000
Procedural Posture
Interlocutory Application / Determination of Whether Notice of Motion to Set Aside Amended Summons for Want of Jurisdiction Should Be Heard as a Preliminary Matter
Outcome
Notice of motion to set aside the amended summons for want of jurisdiction will not be determined as a preliminary issue; the motion is to be determined at trial.
Legal Topics
['unfair Contracts' 'jurisdiction' 'australian Workplace Agreements' 'preliminary Motions']
['industrial Law'] ['unfair Contracts' 'jurisdiction' 'australian Workplace Agreements' 'preliminary Motions']

Source-derived case record

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Procedural Posture

Interlocutory Application / Determination of Whether Notice of Motion to Set Aside Amended Summons for Want of Jurisdiction Should Be Heard as a Preliminary Matter

Legal Issues

  1. 1 ["Whether the respondent's notice of motion to set aside the amended summons for want of jurisdiction should be determined as a preliminary issue or at trial" 'Whether the relief sought amounts to a variation of an Australian Workplace Agreement precluded by s109 of the Australian Constitution' 'Whether s109A of the Industrial Relations Act 1996 operates to exclude the contract of employment from the operation of s106']

Ratio Decidendi

It is inappropriate to determine the respondent's notice of motion to set aside the amended summons for want of jurisdiction at a preliminary or threshold stage because resolution of the jurisdictional issues, including the operation of s109A and the constitutional point, requires a substantive examination of factual matters that are properly to be considered at trial.

Court Disposition

Notice of motion to set aside the amended summons for want of jurisdiction will not be determined as a preliminary issue; the motion is to be determined at trial.

Orders

  • []