Dodd v Johnston [1999] FCA 1354

Dodd v Johnston [1999] FCA 1354

The certification of the new rule 13 did not prevent the hearing and determination of incomplete business commenced under old rule 11. There was no contrary intention in new rule 13 to extinguish proceedings commenced under old rule 11, and Mr Johnston acquired a right to have the charges he laid heard and determined under the old rule.

Parties
Applicant: Stephen William James Dodd; Respondents: C Johnston & Others
Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Industrial Law/interlocutory Matter / Application to Continue/discharge Interlocutory Injunction
Outcome
Interlocutory injunction discharged; directions hearing adjourned.
Legal Topics
Interlocutory Relief, Retrospective Operation of Rules, Statutory Interpretation
Industrial Law Interlocutory Relief Retrospective Operation of Rules Statutory Interpretation

Case Brief

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Parties

Stephen William James Dodd

Applicant

C Johnston & Others

Respondents

Procedural Posture

Industrial Law/interlocutory Matter / Application to Continue/discharge Interlocutory Injunction

Legal Issues

  1. 1 Whether new rule has retrospective effect on pending charges against applicant
  2. 2 Whether charging process commenced under old rule survives repeal of that rule

Ratio Decidendi

The certification of the new rule 13 did not prevent the hearing and determination of incomplete business commenced under old rule 11. There was no contrary intention in new rule 13 to extinguish proceedings commenced under old rule 11, and Mr Johnston acquired a right to have the charges he laid heard and determined under the old rule.

Court Disposition

Interlocutory injunction discharged; directions hearing adjourned.

Orders

  • The order of the Court dated 15 March 1999 prohibiting the further hearing and determination by State Council of charges laid against Mr Dodd by Mr Johnston be discharged.
  • The directions hearing be adjourned to 10.15 am on 4 October 1999.