Re Australian Bank Employees Union; Ex parte Illaton Pty Ltd

The applicant, Illaton Pty Ltd, sought an order nisi for a writ of prohibition and other relief against Mr Deputy President Macbean, a Deputy President of the Australian Bank Employees Union. The Australian Bank Employees Union sought leave to be heard in opposition to the application. The Metway Group Staff Association also sought to make an application in the same terms as Illaton Pty Ltd. The proceedings were before the High Court of Australia.

The primary legal issue before the Court was whether to grant an order nisi for a writ of prohibition. This involved determining whether the Deputy President had acted without or in excess of his jurisdiction. A related issue was whether to grant leave to the Australian Bank Employees Union and the Metway Group Staff Association to be heard in opposition to the application, given the traditional ex parte nature of such applications. The Court also considered the timing of these appearances and the potential impact on the limited time available for the hearing.

The Court indicated a willingness to sit during the lunch hour to ensure the hearing could be completed within the allocated time. It was proposed that Illaton Pty Ltd would present its case first, after which the Court would consider whether to grant leave to the other parties to be heard. This approach was considered reasonable and did not disadvantage the opposing parties. The Court's ultimate decision on the grant of the order nisi and the participation of the other parties would depend on the arguments presented regarding the jurisdictional issue.