Hunter Quarries Pty Ltd v Morrison (No 4)

Hunter Quarries Pty Ltd filed an appeal against a decision made by Morrison, which was heard in the Industrial Court of New South Wales. The primary dispute revolved around issues of occupational health and safety, with Hunter Quarries challenging the decision on various legal grounds. The court had to determine whether it had the jurisdiction to hear the appeals, particularly in light of the transitional provisions of the Industrial Relations Amendment (Industrial Court) Act 2013.

The key legal issue before the court was the interpretation of the term ‘proceedings’ under clause 58(4) of Schedule 1 of the Industrial Relations Amendment (Industrial Court) Act 2013. Specifically, the court needed to ascertain whether the interlocutory steps taken in the appeals constituted proceedings that would prevent the Industrial Court from having jurisdiction. The court also had to decide whether the appeals could be properly heard by the Industrial Court or if they should be referred to the Court of Criminal Appeal.

The court concluded that the interlocutory steps taken were binding and effective but held that the Industrial Court lacked jurisdiction to hear and determine the substantive appeals. It was determined that the appeals were proper as they had neither commenced nor become part-heard or completed before the abolition day. Consequently, the court ruled that the appeals should be referred to the Chief Justice for allocation to the Court of Criminal Appeal, as per the Criminal Appeal Act 1912. This decision was based on the interpretation that no proceedings had occurred until the extension of time was granted, and the appeals had not become part of any proceedings prior to the abolition of the Industrial Court.

The court made several orders and declarations, including that the interlocutory steps taken thus far were binding and effective, the Industrial Court did not have jurisdiction to hear and determine the substantive appeals, and these appeals were referred to the Chief Justice for allocation to the Court of Criminal Appeal.