Walker, Peter Murray & Anor Maclure, Richard & Anor [1995] FCA 873

Walker, Peter Murray & Anor Maclure, Richard & Anor [1995] FCA 873

There is no jurisdiction in the Federal Court to set aside the judgment of the Industrial Relations Court; if an error has occurred, it is reviewable only under s.377 of the Industrial Relations Act 1988 (Cth).

Jurisdiction
Australia
Judgment Date
18 October 1995
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed
Legal Topics
['jurisdiction' 'unfair Dismissal' 'court Powers' 'costs']
['corporations Law' 'industrial Relations'] ['jurisdiction' 'unfair Dismissal' 'court Powers' 'costs']

Case Brief

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Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction to set aside decisions of the Industrial Relations Court' 'Application of Part 5 of the Corporations Law to proceedings in the Industrial Relations Court' 'Whether proper remedy lies under the Industrial Relations Act 1988 (Cth)']

Ratio Decidendi

There is no jurisdiction in the Federal Court to set aside the judgment of the Industrial Relations Court; if an error has occurred, it is reviewable only under s.377 of the Industrial Relations Act 1988 (Cth).

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' "Applicants to pay the first respondent's costs of the proceedings"]