Martin Kingham, Vince Raffa, Bill Oliver, Wayne Torpy, Dirk van Dam, Victor Nicoli, Bernard Giagnacova, Gerrard Lavery, Roy Williams, Frank O'Grady, Malcolm Ratel, John McPartlin, Patrick Lennon, David Noonan, John...

[1995] IRCA 56

IN THE INDUSTRIAL RELATIONS COURT )
  )
OF AUSTRALIA  )    No VI 5032 of 1994
  )
VICTORIA DISTRICT REGISTRY       )

IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE HONOURABLE JOHN AUGUSTINE KEELY, A JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

(First Respondent)

AND:

NEIL RAYMOND MORRIS

(Second Respondent)

EX PARTE:

MARTIN KINGHAM AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

(Prosecutors)

CORAM:        WILCOX CJ, SPENDER & RYAN JJ

PLACE:        MELBOURNE

DATE:     28 FEBRUARY 1995

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1. The following writs be issued directed to the Honourable John Augustine Keely, a Judge of this Court, and Neil Raymond Morris:

a.a writ of prohibition forbidding further proceedings on the orders made by the said Judge on 14 November and 1 December 1994 in connection with an inquiry into elections to offices in the Construction, Forestry, Mining and Energy Union;

b.a writ of certiorari requiring the record of the proceedings in the election inquiry to be brought in and the said orders quashed; and

c.a writ of mandamus, requiring the said Judge to hear and determine according to law the remaining issues arising at the said inquiry.

NOTE:Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT  )
  )
OF AUSTRALIA  )    No VI 5025 of 1994
  )
VICTORIA DISTRICT REGISTRY        )

ON APPEAL FROM A SINGLE JUDGE OF THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

BETWEEN:MARTIN KINGHAM, VINCE RAFFA, BILL OLIVER, WAYNE TORPY, DIRK VAN DAM, VICTOR NICOLI, BERNARD GIAGNACOVA, GERARD LAVERY, ROY WILLIAMS, FRANK O'GRADY, MALCOLM RATEL, JOHN McPARTLIN, PATRICK LENNON, DAVID NOONAN, JOHN LOH, DAVID PILLAR, JOHN CANNING and ZELKO PRAZAK

(Appellants)

AND:NEIL RAYMOND MORRIS, DEREK CAFFERTY, PETER GRUNDY, MALCOLM NEWHAM, K HUGHES, M GARCIA, P BOYLE and M EVANS  

(Respondents)

CORAM:    WILCOX CJ, SPENDER & RYAN JJ

PLACE:    MELBOURNE

DATE: 28 FEBRUARY 1995

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The orders made by Keely J on 14 November 1994 be set aside and, in lieu thereof, it be ordered that the application be dismissed.

NOTE:Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.