Re Media Entertainment and Arts Alliance & Anor; Ex Parte Arnel

The applicants, individual employees, sought a writ of prohibition against members of the Australian Media Entertainment and Arts Alliance and others. The dispute concerned a decision made by these members, which the applicants sought to challenge. The application was heard in the High Court of Australia.

The primary legal issue before the court was whether to grant an order nisi for a writ of prohibition. This involved considering the applicants' arguments that the decision of the Alliance members was erroneous and should be quashed. The court also had to determine the appropriate procedural path for the application, including whether it should be treated as an ex parte matter, whether a stay was sought or already in effect, and how the application should be listed in relation to any potential appeals.

His Honour considered three options: granting the order nisi, refusing it, or referring the application to the Full Court. The court noted that granting the order nisi would likely lead to the matter being listed alongside appeals, potentially allowing the Full Court to deal with the substance of the application on a final basis. Refusing the order nisi would place the applicants in a similar position to other orders made, assuming they appealed. Ultimately, His Honour considered it most satisfactory to exercise powers under Order 55 rule 2 and refer the application to the Full Court, thereby leaving all options open and allowing the Full Court to deal with the matter once it was seized of the other related proceedings.