Re Building Workers Industrial Union & Ors; Ex parte Metal Trades Industry Association of Australia and Anor; Ex parte Master Builders Association of NSW

[1990] HCATrans 291

A'!r:  4,, AUSTRALIA & -->).>.,~~~~(.<.!

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney	No S74 of 1989
In the matter of -

An application for writs of

prohibition, certiorari and

mandamus against THE

HONOURABLE BARRY MADDERN, THE HONOURABLE MICHAEL KEOGH, THE
HONOURABLE JOSEPH RIORDAN,

PATRICIA LEARY and GREGORY

SMITH

First Respondents

THE HONOURABLE JUSTICE JOHN

TERRENCE LUDEKE

Second Respondent

THE BUILDING WORKERS'
INDUSTRIAL UNION OF

AUSTRALIA, THE PLUMBERS AND

GAS FITTERS EMPLOYEES UNION
OF AUSTRALIA, THE AMALGAMATED
SOCIETY OF CARPENTERS AND

JOINERS OF AUSTRALIA, THE

AMALGAMATED METAL WORKERS

UNION, THE FEDERATED
IRONWORKERS ASSOCIATION
OF AUSTRALIA and THE
ELECTRICAL TRADES UNION OF

AUSTRALIA

Third Respondents

THE AUSTRALIAN FEDERATION OF
CONSTRUCTION CONTRACTORS, THE
VICTORIAN EMPLOYERS

FEDERATION

Fourth Respondents

Metal 1 5/12/90

Ex parte -

METAL TRADES INDUSTRY

ASSOCIATION OF AUSTRALIA and
ENGINEERING EMPLOYERS
ASSOCIATION OF SOUTH

AUSTRALIA

Prosecutors

Office of the Registry

Sydney	No S75 of 1989
In the matter of -

An application for writs of
prohibition and certiorari

against THE HONOURABLE BARRY

MADDERN, THE HONOURABLE
MICHAEL KEOGH, THE HONOURABLE
JOSEPH RIORDAN, PATRICIA

LEARY and GREGORY SMITH

First Respondents

THE HONOURABLE JUSTICE JOHN

TERRENCE LUDEKE

Second Respondent

THE BUILDING WORKERS'
INDUSTRIAL UNION OF
AUSTRALIA, THE FEDERATED
ENGINE DRIVERS' AND
FIREMEN'S ASSOCIATION OF
AUSTRALASIA, THE OPERATIVE
PAINTERS AND DECORATORS UNION

OF AUSTRALIA, THE PLUMBERS

AND GAS FITTERS EMPLOYEES

UNION OF AUSTRALIA, THE
OPERATIVE PLASTERERS AND
PLASTER WORKERS FEDERATION
OF AUSTRALIA, THE OPERATIVE
STONEMASONS SOCIETY, THE

AMALGAMATED SOCIETY OF

CARPENTERS AND JOINERS OF AUSTRALIA, THE AUSTRALIAN

WORKERS UNION, THE
AMALGAMATED METAL WORKERS

UNION, THE FEDERATED IRON

WORKERS ASSOCIATION OF

AUSTRALIA, THE VICTORIA
OPERATIVE BRICKLAYERS

Metal 2 5/12/90

SOCIETY, THE VICTORIAN
PLASTER INDUSTRY WORKERS
UNION, THE VICTORIAN
PLASTERS SOCIETY AND THE
SLATERS, TILERS AND ROOFING
UNION OF VICTORIA, THE
VICTORIAN STATE BUILDING
TRADES UNION and THE
ELECTRICAL TRADES UNION OF

AUSTRALIA

Third Respondents

THE MASTER PLUMBERS' AND
MECHANICAL SERVICES
ASSOCIATION OF VICTORIA,
VICTORIAN EMPLOYERS

FEDERATION, THE AUSTRALIAN

CHAMBERS OF MANUFACTURERS,

THE MASTER PAINTERS,
DECORATORS AND SIGNWRITERS
ASSOCIATION OF TASMANIA, THE

MASTER PAINTERS, DECORATORS

AND SIGNWRITERS ASSOCIATION

OF NEW SOUTH WALES, THE
MASTER BUILDERS ASSOCIATION
OF VICTORIA, THE AUSTRALIAN
FEDERATION OF CONSTRUCTION

CONTRACTORS

Fourth Respondents

Ex parte -

MASTER BUILDERS' ASSOCIATION
OF NEW SOUTH WALES, MASTER
BUILDERS' ASSOCIATION OF
TASMANIA, MASTER BUILDERS'
ASSOCIATION OF SOUTH
AUSTRALIA and CONNECTORS
THE PLUMBING PEOPLE PTY

LIMITED

Prosecutors

Consent order

MASON CJ
BRENNAN J
DEANE J

DAWSON J

TOOHEY J

GAUDRON J

McHUGH J

Metal 3 5/12/90

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 5 DECEMBER 1990, AT 10.02 AM

Copyright in the High Court of Australia

MASON CJ:  The Registrar has certified that he holds consent

orders duly signed by the solicitors for the
parties in this matter consenting to the making of

an order pursuant to Order 44 rule 23 of the

High Court Rules in the following terms:

1.        That the orders nisi by Her Honour

Justice Gaudron dated 7 July 1989 herein

be discharged.

There will be a consent order accordingly.

AT 10.05 AM THE MATTER WAS ADJOURNED SINE DIE

Metal 4 5/12/90