Re The Honourable Joseph Martin Riordan & Ors; Ex parte Vista Paper Products Pty Ltd

Vista Paper Products Pty Ltd sought writs of prohibition and certiorari from the High Court of Australia against the Honourable Joseph Martin Riordan, the Honourable Michael Francis Moore, and the Honourable Simon John Williams, who were Deputy Presidents of the Australian Industrial Relations Commission, and Commissioner Errol Hodder. The application concerned proceedings before the Australian Industrial Relations Commission.

The primary legal issues before the High Court were whether to grant leave to amend the order nisi, and whether to grant an interim stay of proceedings before the Australian Industrial Relations Commission. The applicant sought to amend the order nisi to direct it to all respondents rather than just the first respondent, and to narrow the scope of the requested stay. The stay sought was to prevent the Commission from hearing an application for the reinstatement of 33 former employees.

The applicant's counsel, Mr. Trew, sought leave to file an affidavit of service, noting that the respondent union, PKIU, had not responded to an invitation to indicate its intentions regarding the application. The Court indicated that the application would proceed on an ex parte footing due to the respondent's absence. Mr. Trew argued that the purpose of the application was to prevent the continuation of the reinstatement proceedings, and that the imminent hearing date of 23 September made the grant of a stay crucial to the effectiveness of the substantive relief sought.