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

These matters involved applications for writs of prohibition and certiorari brought by the State of Victoria and the Minister for Health for Victoria against Deputy Presidents of the Australian Industrial Relations Commission, Kenneth Turbet and Joseph Riordan, and Senior Deputy President Joseph Martin Riordan. The applications concerned proceedings and awards made by the Commission in relation to the Australian Nursing Federation, the Health Services Union of Australia, and the State Public Services Federation of Australia. The applications were heard by McHugh J in chambers of the High Court of Australia.

The primary legal issue before the Court was whether the Deputy Presidents and Senior Deputy President of the Australian Industrial Relations Commission had acted in excess of their jurisdiction in making certain awards and findings of disputes. The State of Victoria sought to challenge the validity of these actions through the prerogative writs.

McHugh J granted orders nisi in all four matters, indicating that the applicants had presented sufficient grounds to warrant further consideration by the Court. However, his Honour refused the applications for a stay of the awards already made and a stay of further proceedings arising from the findings of disputes. The reasons for judgment, which were delivered in typescript due to urgency and subject to formal revision, indicated that the terms of the orders nisi sought by the applicants may have gone beyond what could be obtained, but that the general form of the orders would be sufficient.