Unions NSW & Ors v State of New South Wales

The parties to this proceeding before the High Court of Australia were the New South Wales Nurses and Midwives’ Association, the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales, and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (collectively, the plaintiffs), and the State of New South Wales (the defendant). The dispute concerned a special case agreed between the parties, the details of which were not fully elaborated in the transcript.

The primary legal issue before the Court was the procedural management of the agreed special case. Specifically, the Court was required to determine which proposed orders relating to the filing of documents, including a revised special case, a special case book, written submissions, and a joint book of authorities, should be made. The Court also considered the setting down of the matter for hearing before the Full Court.

The Court, presided over by a single Justice, indicated its satisfaction with the parties' cooperation in preparing the matter. The Justice expressed an expectation that the hearing would proceed on 16 and 17 November 2022, but was unable to make a formal order to that effect for administrative reasons. The Court was content to make orders 1 to 5 of the proposed orders, which established a timetable for the filing and service of various documents by the plaintiffs and the defendant, and any interveners. These orders included provisions for a revised special case, a special case book, written submissions, and a joint book of authorities, with specific deadlines for each.