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

The applicant, the Attorney-General for the State of Queensland, sought an order nisi for writs of prohibition and mandamus directed to the Full Bench of the Australian Industrial Relations Commission, comprising Deputy President Keith Hancock and Commissioner John William Macbean, and to the Australian Teachers Union. The application concerned the Commission's finding of a dispute.

The legal issues before the High Court were whether the Commission had jurisdiction to make the finding of a dispute, and whether it had erred in refusing to revoke that finding when requested to do so. The applicant sought prohibition to prevent the Commission from further proceeding on the basis of the disputed finding and mandamus to compel the Commission to revoke its finding.

The Court was informed that the application was initially intended to proceed ex parte, but the Australian Teachers Union had sought notice of any challenge to the Commission's jurisdiction. The applicant indicated that while notice would be given of any future application for a stay, no stay would be sought on the current day. The Court was prepared to make an order nisi, but it would not operate as a stay of proceedings before the Commission. The applicant also sought to amend the draft order nisi to clarify the grounds for the application, particularly concerning the alleged burden imposed by the finding of a dispute.