Sun Alliance Australia Limited v FInance Sector Union of Australia

Sun Alliance Australia Limited applied to the High Court of Australia for the removal of proceedings pursuant to section 40 of the Judiciary Act 1903. The Finance Sector Union of Australia was the respondent. The application for removal was not opposed by the respondent.

The primary legal issue before the Court was the validity of a matter arising under an order nisi previously granted by Justice Dawson. The Chief Justice indicated that the Court was disposed to make an order for removal, but suggested that the parties explore the possibility of stating a case. This would allow for a specific question or questions to be referred to a Full Court for consideration.

The Chief Justice reasoned that the sole question for determination appeared to be one of validity, although a question of construction might also arise. The parties indicated no difficulty with this proposed course of action. The Chief Justice also advised that any draft case should be shown to potential interveners, such as the Commonwealth.

An order for removal was made as sought by the applicant.