Re The Financial Sector Union of Australia; Ex parte Financial Clinic (Vic) Pty Ltd

[1993] HCATrans 183

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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Melbourne	No M54 of 1991
In the matter of -

An application for a writ of

prohibition and a writ of

certiorari against THE

HONOURABLE JOSEPH MARTIN
RIORDAN and THE HONOURABLE

JUSTICE RUSSELL JOHN

PETERSON, Deputy Presidents

of the Australian Industrial

Relations Commission and

GREGORY ROBERT SMITH and

PETER IAN NOLAN, Commissioner

of the Australian Industrial

Relations Commission

First Respondents

THE FINANCIAL SECTOR UNION OF

AUSTRALIA

Second Respondent

Ex parte -

Financial 81 1/7/93

FINANCIAL CLINIC (VIC) PTY LTD, ANTHONY WELLS PTY LTD

and CLAPTON BENEFITS PLANNING

PTY LTD

Prosecutors

Office of the Registry

Melbourne No M56 of 1991

B e t w e e n -

SUN ALLIANCE AUSTRALIA LTD

Applicant

and

FINANCE SECTOR UNION OF

AUSTRALIA

Respondent

Case stated pursuant to

section 18 of the Judiciary Act

1903

DEANE J

DAWSON J

TOOHEY J

GAUDRON J

MCHUGH J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 1 JULY 1993, AT 10.03 AM

(Continued from 28/5/92)

Copyright in the High Court of Australia

Financial	82	1/7/93
(Judgment was delivered)

MR D. LANGMEAD:  Your Honours, I seek leave to appear as

counsel for the appellant. (instructed by Maurice

Blackburn & Co) .

I would seek that in so far as it is necessary

to make submissions in respect of costs, that we be

permitted to make written submissions within

14 days.

DEANE J: It is a matter under the Industrial Relations Act.

MR LANGMEAD:  Yes, Your Honour, there are submissions to be

made in respect of section 347 of the Industrial

Relations Act .....

DEANE J: Very well. If you wish to make some submissions,

you - who do you appear for?

MR LANGMEAD:  The Financial Sector ..... for the

respondent/employers, Your Honours.

DEANE J:  I see. And within what period of time can you

make your submissions?

MR LANGMEAD: Within 14 days, if it so pleases the Court.

DEANE J:  Yes. We had better use the microphones. You may

make submissions on the matter within 14 days and

any submissions in response can be made within

7 days thereafter.

MR LANGMEAD:	Thank you, Your Honours.
DEANE J:	You are - - -?

MR A.J. CONAGHAN:  I was going to seek leave to appear for

The Finance Sector Union to seek leave to make a

response to the submissions made by my friend.	(of
Phillips Fox)

DEANE J: Well, does that suit you, 7 days after?

MR CONAGHAN:  Yes, Your Honour.

DEANE J: Very well.

AT 10.08 AM THE MATTER WAS ADJOURNED SINE DIE

Financial 83 1/7/93