Re Fogarty & Ors; Ex parte Cape Lambert Services Pty Limited

The High Court of Australia heard an application for writs of prohibition and certiorari brought by Cape Lambert Services Pty Limited (in Liquidation) and other parties against Mr Commissioner Adrian Daniel Fogarty of the Australian Industrial Relations Commission, and several unions: The Seamen's Union of Australia, The Merchant Service Guild of Australia, and The Australian Institute of Marine and Power Engineers. The dispute concerned proceedings before the Commissioner, and the application was complicated by a change in representation for Cape Lambert Services Pty Limited.

The primary legal issue before the Court was the procedural regularity of the application, particularly in light of a letter from Minter Ellison, solicitors for Cape Lambert Services Pty Limited, indicating a termination of instructions for certain matters while continuing to act in others. This situation raised concerns about the proper conduct of the proceedings and the potential for ulterior motives.

The Court addressed the issue of representation and the implications of a company entering voluntary liquidation. It was noted that Cape Lambert Services Pty Limited had gone into voluntary liquidation, a decision made by one of the other applicant companies. The Court expressed suspicion regarding the timing and nature of the change in representation, which had created a procedural problem and a "grave suspicion" in the Court's mind. The Court sought clarification on the circumstances surrounding the termination of instructions and the preparation of the application book.