Re Maddern & Ors; Ex parte Metal Trades Industry Association of Australia

Case

[1990] HCATrans 8


Details
AGLC Case Decision Date
Re Maddern & Ors; Ex parte Metal Trades Industry Association of Australia [1990] HCATrans 8 [1990] HCATrans 8

CaseChat Overview and Summary

The High Court of Australia considered an application for writs of prohibition, certiorari, and discharge of an order nisi. The applicants were the Metal Trades Industry Association of Australia and others, and the respondents included several industrial unions and other employer organisations. The dispute concerned an order nisi made by Justice Gaudron on 7 July 1989.

The central legal issue before the High Court was whether the order nisi made by Justice Gaudron should be discharged. The parties had reached a consensus on this matter.

The Registrar certified that he held a consent signed by the solicitors for all parties agreeing to the discharge of the order nisi. Mason CJ noted this consent and, accordingly, made an order by consent in the terms requested by the parties. The order nisi was therefore discharged by consent.
Details

Areas of Law

  • Administrative Law

  • Employment Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Judicial Review

  • Procedural Fairness

  • Standing

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