Re Coldham & Ors; Ex parte Municpal Officers Association of Australia

The prosecutors, which are registered employee organisations under the *Conciliation and Arbitration Act*, sought writs of mandamus and certiorari directed to Deputy Presidents Coldham and Hancock, and Commissioner Smith of the Australian Conciliation and Arbitration Commission. The dispute concerned appeals heard by a Full Bench of the Commission, which had overturned a decision of the Federal Industrial Registrar. The prosecutors alleged they were denied natural justice during these proceedings.

The legal issues before the High Court were whether the Full Bench of the Commission, in hearing appeals from the Industrial Registrar concerning the registration of the Association of Architects Australia, had denied the prosecutors natural justice. The prosecutors had objected to the registration application, but the Industrial Registrar had refused to consider their objections on their merits due to a particular construction of section 142 of the Act. The prosecutors then appealed this decision to the Full Bench.

The Full Bench overturned the Industrial Registrar's construction of section 142 in favour of the prosecutors. However, the prosecutors contended that despite this initial success, they were subsequently denied natural justice when the Full Bench proceeded to determine the matter finally. The prosecutors argued that this final determination was made pursuant to an agreement between the parties that it was an appropriate course for the Commission to take, but that this process still resulted in a denial of their right to be heard on the merits of their objections.