Re Australian Nursing Federation; Re Health Services Union of Australia; Re Australian Nursing Federation; Re State Public Services Federation of Australia; Ex Parte The State of Victoria

[1993] HCATrans 51

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IN THE HIGH COURT OF AUSTRALIA	•
Office of the Registry

Melbourne	No Ml0 of 1993
In the matter of -

An application for a Writ of

Prohibition and a Writ of

Certiorari against THE

HONOURABLE JOHN WILLIAM

MACBEAN, a Deputy President

of the Australian Industrial

Relations Commission

First Respondent

and

KENNETH TURBET, a former

Commissioner of the

Australian Industrial

Relations Commission

Second Respondent

and

AUSTRALIAN NURSING FEDERATION

Third Respondent

Ex parte -

Unions 89 8/3/93

THE STATE OF VICTORIA and THE

MINISTER FOR HEALTH FOR THE

STATE OF VICTORIA

Prosecutors

Office of the Registry

Melbourne	No Mll of 1993
In the matter of -

An application for a Writ of

Prohibition and a Writ of

Certiorari against THE

HONOURABLE JOHN WILLIAM

MACBEAN, a Deputy President

of the Australian Industrial

Relations Commission

First Respondent

HEALTH SERVICES UNION OF

AUSTRALIA

Second Respondent

Ex parte -

THE STATE OF VICTORIA and THE

MINISTER FOR HEALTH FOR THE

STATE OF VICTORIA

Prosecutors

Office of the Registry

Melbourne	No Ml2 of 1993
In the matter of -

An application for a Writ of

Prohibition and a Writ of

Certiorari against

COMMISSIONER BEVAN JOHNSON

and SENIOR DEPUTY PRESIDENT

JOSEPH RIORDAN, members of

the Australian Industrial

Relations Commission

First Respondent

KENNETH TURBET, a former

Commissioner of the

Australian Industrial

Relations Commission

Second Respondent

AUSTRALIAN NURSING FEDERATION
AND HEALTH SERVICES UNION OF

AUSTRALIA

Third Respondent

Unions 90 8/3/93

Ex parte

THE STATE OF VICTORIA and THE

MINISTER FOR HEALTH

Prosecutors

Office of the Registry

Melbourne	No M13 of 1993
In the matter of -

An application for a Writ of

Prohibition and a Writ of

Certiorari against THE

HONOURABLE JOSEPH MARTIN

RIORDAN, a Senior Deputy

President of the Australian

Industrial Relations

Commission

First Respondent

and

STATE PUBLIC SERVICES

FEDERATION OF AUSTRALIA

Second Respondent

Ex parte -

THE STATE OF VICTORIA and THE

MINISTER FOR HEALTH FOR THE

STATE OF VICTORIA

Prosecutors

McHUGH J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 8 MARCH 1993, AT 2.26 PM

(Continued from 4/3/93

Copyright in the High Court of Australia

Unions 91 8/3/93

HIS HONOUR:  In these matters I will grant orders nisi in

the four matters. But I refuse the applications

for a stay of the awards already made and the

applications for a stay of further proceedings

arising out of the findings of disputes in these

matters.

By reason of the urgency of the matter, I have

been unable to have the matters proofed

sufficiently to have them put out in the usual

pamphlet form. My judgment is contained in a

typescript copy, accordingly it will be subject to

formal revision before publication in pamphlet

form. I hand down my judgment.

(Reasons for judgment were delivered)

HIS HONOUR:	Are there any further matters arising - - -?
MR UREN:	I do not think so, Your Honour.
MR HINKLEY:	No, Your Honour.

MR UREN:  The only thing is the terms of the orders nisi. I

take it, Your Honour, that it was granted in the

terms of the grounds which have been - - -

HIS HONOUR:  There is a general statement in my judgment in

which I say that the terms of the order nisi - I

think you conceded in argument - went beyond what

you sought and, indeed, what you could obtain, but

subject to that, basically the form that is used

will be sufficient. I will settle it, Mr Uren.

But there is no real problem about that.

MR UREN:  No, I think there is not, Your Honour. There has

been some agreement as to some textual alterations

which the drafts that Your Honour was given should

incorporate.

HIS HONOUR:  Yes. Well, they can be delivered to my

chambers for formal signature at some stage today.

MR UREN: If Your Honour pleases.

HIS HONOUR:  Mr Uren, I understand that there are some seven

other matters that - - -

MR UREN:  Yes, I think at least four, and probably seven, or

approximately seven.

Unions 92 8/3/93

MR UREN:  The extent to which what Your Honour has said

about the question of a stay or otherwise has an

affect on those cases, that might have an affect on

whether there is any need for any opposition, as it
were, and therefore, perhaps, on the length of time

which they take. But hopefully we will be able to

see Your Honour's reasons before then.

HIS HONOUR:  Yes. Certain parts of the judgment you might

see as an advice on evidence, Mr Uren.

MR UREN:  Thank you, Your Honour. I am always grateful for

what is received.

HIS HONOUR: Adjourn the Court.

AT 2.29 PM THE MATTER WAS ADJOURNED SINE DIE

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