Re Australian Education Union; Ex parte The State of South Australia & Anor; The State of South Australia v The Honourable Senior Deputy President Riordan

The proceedings before Gaudron J in the High Court of Australia involved two applications: an application for a writ of prohibition (A30 of 1994) and an application for an injunction (A31 of 1994). The applicants in both matters were the State of South Australia and the Honourable Minister for Education and Children's Services for the State of South Australia. The respondents were the Honourable Senior Deputy President Riordan, a member of the Australian Industrial Relations Commission, and the Australian Education Union.

The central legal issues before the Court concerned the jurisdiction of the Australian Industrial Relations Commission and the validity of certain actions taken by Senior Deputy President Riordan in relation to industrial disputes involving the Australian Education Union. Specifically, the applicants sought to challenge the Commission's authority to make certain orders or determinations, raising questions about the scope of federal industrial law and its application to state public sector employment.

Gaudron J, sitting in chambers, was presented with extensive documentation, a common feature of industrial relations applications before the High Court. The applicants, represented by Mr. J.L. Trew, OC, and Mr. G.J. Parker, sought prerogative relief and an injunction. The Australian Education Union, represented by Mr. M. Bromberg, was the second respondent/defendant. The Court noted the considerable volume of material filed, with Her Honour expressing a desire for more concise submissions in future cases, suggesting that only the relevant parts of logs of claims or general descriptions of subject matters should be included in affidavits, rather than the entire documents. The first respondent/defendant, the Australian Government Solicitor, indicated they would abide by the Court's orders.