Re Truner;

The applicant, Re Truner, sought a writ of prohibition from the High Court of Australia against proceedings in the Industrial Relations Court concerning an alleged offence against s 334(1)(ba) of the *Industrial Relations Act 1988* (Cth). The applicant also sought a declaration that certain sections of the Act were unconstitutional.

The primary legal issue before the High Court was whether it was preferable to determine the constitutional questions at that early stage, or to await the determination of factual matters in the Industrial Relations Court. The court also considered the implications of potential amendments to the *Industrial Relations Act* with retrospective operation.

Kirby J, sitting as a single judge, acknowledged the advantage of having the reasons of lower courts on factual matters before considering constitutional questions. However, he also recognised the importance of early consideration of constitutional validity, particularly given the potential for legislative amendment. The judge noted that the validity of s 127A and s 334(1)(ba) of the *Industrial Relations Act* remained undetermined.

His Honour directed that the application be adjourned and that it be made by notice of motion before the Full Court of the High Court, allowing the affected party an opportunity to contest the notice of motion in accordance with High Court Rules O 55 r 2.