Visscher v the Honourable President Justice Giudice

[2009] HCA 34

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Visscher
vthe Honourable President Justice Giudice

Court:

Judges: Gummow J
Heydon J
Crennan J
Kiefel J
Bell J

Legislative References:
Workplace Relations and Other Legislation Amendment Act 1996 (Cth) - Schedule 8, Item 19
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) - s 2; Schedule 1
Workplace Relations Amendment (Termination of Employment) Act 2001 (Cth) - Schedule 1, Item 9
Workplace Relations Act 1996 - s 3(h); s 120; s 170LT; s 170LZ(1); s 170LZ(4); s 170M(1); ss 170LO; s 170LP; s 3(b); s 170LI; Pt VIE; s 170CH(3); s 170CD(1); s 170CH(3)
Industrial Relations Act 1988 (Cth) - The Act

Hearing date:
Judgment date: 2 September 2009

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ORDER

1. Special leave to appeal granted .

2. Appeal treated as instituted, heard instanter and allowed .

3. Set aside the orders of the Full Court of the Federal Court made on 21 December 2007 and in lieu thereof order that :

a)

a writ of certiorari issue to the Australian Industrial Relations Commission quashing :

i)

the decision of the Full Bench of the Australian Industrial Relations Commission dated 9 October 2006 in matter C2006 / 132 ; and

ii)

the decision of Commissioner Redmond of the Australian Industrial Relations Commission dated 5 May 2006 in matter U2004 / 2387 ; and

b)

a writ of mandamus issue to the Australian Industrial Relations Commission, directing it to hear and determine matter U2004 / 2387 in accordance with law .

On appeal from the Federal Court of Australia