Re Federated Ironworkers Association of Australia & Ors; Ex Parte The Amalgamated Metal Workers Union

The Amalgamated Metal Workers Union (AMWU) sought writs of prohibition and/or certiorari against the Honourable Mr Deputy President Joseph Martin Riordan, Deputy President Jeanette Isobel Marsh, Mr Deputy President Michael Francis Moore, Mr Commissioner Vincent, Commissioner Gregory Robert Smith, the Australian Commission, and the Federated Ironworkers Association of Australia. The dispute concerned an application for these extraordinary remedies directed at the actions of the Australian Commission and the Federated Ironworkers Association.

The central legal issue before the High Court was whether the order nisi previously made by Justice Gaudron on 10 January 1990 should be discharged. This implicitly involved the Court considering the grounds upon which the AMWU had sought the prohibition and certiorari, and whether those grounds warranted the continuation of the order nisi.

The High Court was informed by the Registrar that a consent order, duly signed by the solicitors for all parties, had been lodged. This consent order stipulated that the order nisi made on 10 January 1990 be discharged. The Court acknowledged this consent and indicated its intention to make the order accordingly.

Consequently, the High Court made a consent order discharging the order nisi previously granted to the Amalgamated Metal Workers Union. The matter was then adjourned sine die.