Re Australian Teachers Union; Ex parte Her Majesty's Attorney-General for the State of New South Wales

[1992] HCATrans 233

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney	No S97 of 1992
In the matter of -

An application for a writ of prohibition, a writ of

mandamus and a writ of

certiorari against THE

HONOURABLE DEPUTY PRESIDENT

KEITH HANCOCK and THE

HONOURABLE DEPUTY PRESIDENT JOHN WILLIAM MACBEAN of the

Australian Industrial

Relations Commission and

COMMISSIONER JUSTINE

OLDMEADOW of the Australian

Industrial Relations

Commission, and the

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

First Respondents

AUSTRALIAN TEACHERS UNION

Second Respondent

Ex parte -

Teacher 1 19/8/92

HER MAJESTY'S

ATTORNEY-GENERAL FOR THE

STATE OF NEW SOUTH WALES.

THE SECRETARY OF THE

MINISTRY OF EDUCATION AND

YOUTH AFFAIRS OF NEW SOUTH

and THE TECHNICAL AND

FURTHER EDUCATION COMMISSION

Prosecutor/Applicant

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON WEDNESDAY, 19 AUGUST 1992, AT 11.16 AM

Copyright in the High Court of Australia

MR K. MASON, OC, Solicitor-General for the State of New

South Wales: If Your Honour pleases, in this

matter I appear for the applicants. (instructed by

the Crown Solicitor for New South Wales)

HER HONOUR:	Yes, Mr Solicitor.
MR MASON:	Does Your Honour have the two affidavits of

Mr McDonald?

HER HONOUR: Yes, I have read those.

MR MASON:  A couple of the exhibits were reversed in the

first one, for which I apologise. They are wrongly

described. There is a draft order that is the form

of the order which I seek.

HER HONOUR:  And the stay accords, does it, with the

indication made to the solicitors for the Union?

MR MASON: Yes, in my submission. The way it has been

limited is that by the addition of the words "so

far as it relates to the Prosecutors and Applicants

be stayed". So it is. confined to the particular

New South Wales interests.

HER HONOUR: Very well. The order nisi will issue as sought,

including the stay, returnable in - should it be

the September sittings, Mr Registrar?

THE DEPUTY REGISTRAR:  Your Honour, I am unable to say what

sittings these matters are returnable. I do not

think a date has been fixed as yet.

The earlier two orders were returnable at a date

in August.

HER HONOUR:  Yes, well that is gone.

It is in fact assumed that the matter will not

come on for hearing until judgment is delivered in

the SPSF matters.

Teacher	19/8/92
HER HONOUR:	I will make it returnable for the sittings

commencing on 22 September. I do not need to - no,

there are no costs in these matters, are there?

They are barred by the Act.

Certainly not in favour of law officers.

HER HONOUR:  Thank you.

AT 11.18 AM THE MATTER WAS ADJOURNED SINE DIE

Teacher 19/8/92