National Retail Association v Fair Work Commission [2014] FCA 583

National Retail Association v Fair Work Commission [2014] FCA 583

The SDA should be joined as second respondent because it has a legitimate forensic and industrial interest in the subject matter and its members are affected by the decision under review; in the absence of joinder, there would be no appropriate contradictor, compromising the adversarial structure of the proceedings.

Parties
Applicant: National Retail Association; First Respondent: Fair Work Commission; Second Respondent: Shop, Distributive and Allied Employees Association
Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Application for Judicial Review (s 39 B Judiciary Act 1903) / Interlocutory Application for Joinder
Outcome
Shop, Distributive and Allied Employees Association joined as Second Respondent. Title of proceedings amended accordingly. Registrar's directions varied. Liberty to apply granted.
Legal Topics
Joinder of Parties, Contradictor in Court Proceedings, Judicial Review of Administrative Decisions
Industrial Law Practice and Procedure Joinder of Parties Contradictor in Court Proceedings Judicial Review of Administrative Decisions

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Parties

National Retail Association

Applicant

Fair Work Commission

First Respondent

Shop, Distributive and Allied Employees Association

Second Respondent

Procedural Posture

Application for Judicial Review (s 39 B Judiciary Act 1903) / Interlocutory Application for Joinder

Legal Issues

  1. 1 Whether Shop, Distributive and Allied Employees Association should be joined as second respondent
  2. 2 Whether presence of appropriate contradictor is necessary in judicial review proceedings

Ratio Decidendi

The SDA should be joined as second respondent because it has a legitimate forensic and industrial interest in the subject matter and its members are affected by the decision under review; in the absence of joinder, there would be no appropriate contradictor, compromising the adversarial structure of the proceedings.

Court Disposition

Shop, Distributive and Allied Employees Association joined as Second Respondent. Title of proceedings amended accordingly. Registrar's directions varied. Liberty to apply granted.

Orders

  • The Shop, Distributive and Allied Employees Association be joined as Second Respondent.
  • The Fair Work Commission become the First Respondent to the proceedings.