Re The Seamen's Union of Australia & Ors; Ex parte Cape Lambert Services Pty Limited

This matter concerned an application by Cape Lambert Services Pty Limited for writs of prohibition and certiorari against Mr Commissioner Adrian Daniel Fogarty of the Australian Industrial Relations Commission, and the Seamen's Union of Australia, the Merchant Service Guild of Australia, and the Australian Institute of Marine and Power Engineers. The application was heard in the High Court of Australia.

The central legal issue before the Court was whether to discharge the order nisi previously made by Justice Gaudron on 27 June 1991. This order nisi would have been the precursor to the granting of the writs of prohibition and certiorari sought by Cape Lambert Services Pty Limited.

The Court's decision was based on a consent signed by the solicitors for all parties involved. This consent indicated an agreement for the order nisi to be discharged. Consequently, the Court made consent orders reflecting this agreement.

By consent of the parties, the order nisi made by Justice Gaudron on 27 June 1991 was discharged, and no order was made as to costs.