Marsh, Ralph Benson & Anor v Adamson, Robert McColl [1985] FCA 71

Marsh, Ralph Benson & Anor v Adamson, Robert McColl [1985] FCA 71

The appeal by Marsh and Bali was incompetent because the motion to set aside subpoenas was a procedural matter in a proceeding under Part IX of the Conciliation and Arbitration Act 1904, and s.118B(1)(a) expressly prohibits an appeal in such cases to a Full Court of the Federal Court. Thus, the appeal was dismissed as incompetent.

Jurisdiction
Australia
Judgment Date
11 March 1985
Procedural Posture
Appeal / Final Judgment on Appeal From Refusal to Set Aside Subpoenas in Industrial Inquiry
Outcome
Appeal dismissed as incompetent under s.118B(1)(a) of the Conciliation and Arbitration Act 1904.
Legal Topics
['subpoenas' 'competency of Appeal' 'trade Union Elections' 'irregularity in Elections']
['industrial Law'] ['subpoenas' 'competency of Appeal' 'trade Union Elections' 'irregularity in Elections']

Case Brief

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Procedural Posture

Appeal / Final Judgment on Appeal From Refusal to Set Aside Subpoenas in Industrial Inquiry

Legal Issues

  1. 1 ['Whether appeal is competent from refusal to set aside subpoenas issued in industrial inquiry under Part IX of the Conciliation and Arbitration Act 1904' 'Whether the motion to set aside subpoenas constitutes a separate proceeding outside Part IX of the Act' 'Whether the appeal is prohibited by s.118B(1)(a) of the Conciliation and Arbitration Act 1904']

Ratio Decidendi

The appeal by Marsh and Bali was incompetent because the motion to set aside subpoenas was a procedural matter in a proceeding under Part IX of the Conciliation and Arbitration Act 1904, and s.118B(1)(a) expressly prohibits an appeal in such cases to a Full Court of the Federal Court. Thus, the appeal was dismissed as incompetent.

Court Disposition

Appeal dismissed as incompetent under s.118B(1)(a) of the Conciliation and Arbitration Act 1904.

Orders

  • ['The appeal be dismissed.' 'The question of costs be reserved.']