Re Media Entertainment and Arts Alliance & Ors; Ex parte Her Majesty's Attorney-General for the State of Queensland

The case involved an application for writs of prohibition and certiorari brought by Her Majesty's Attorney-General for the State of Queensland against Deputy President Polites, Deputy President Acton, and Commissioner McDonald of the Australian Industrial Relations Commission, and also against the Media Entertainment and Arts Alliance and the Australian Workers' Union of Employees, Queensland. The application concerned proceedings before the Australian Industrial Relations Commission.

The primary legal issues before Gaudron J of the High Court of Australia were the constitutional validity of section 128(1)(c) of the Industrial Relations Act, a reconsideration of obiter dicta in *R v Moore; ex parte the New South Wales Professional Officers Association*, the facilitation of the course of litigation, and the question of remitter. The Attorney-General for Queensland sought to have the matter remitted, while the Media Entertainment and Arts Alliance and the Australian Workers' Union of Employees, Queensland opposed this remitter.

Gaudron J considered the submissions regarding the constitutional validity of the legislation, noting that while such questions can arise in other courts, their conclusive determination rests with the High Court. The court also examined the principles governing the remitter of matters and the broader considerations for the efficient conduct of litigation. The arguments presented touched upon the jurisdiction of the High Court in constitutional matters and the appropriate forum for resolving industrial disputes.