Damevski v. Giudice and Ors

[2003] FCAFC 252
N 313 of 2003

Between: Riste Damevski
And: The Honourable Justice Geoffrey Michael Giudice, President of the Australia Industrial Relations Commission
          The Honourable Dr Alexander John Nicholas Blain, a Deputy President of the Australian Industrial Relations Commission
          Peter Ashby Lawson and Gareth Simon Graham Grainger, Members of the Australian Industrial Relations Commission

Court:
Federal Court of Australia

Judges:
Wilcox J
Marshall J
Merkel J

Judgment date: 13 November 2003

Sydney


ORDER

THE COURT ORDERS THAT:

1.
A writ of certiorari issue to the Australian Industrial Relations Commission ('the Commission'), removing into this Court and quashing the decision of the Full Bench of the Commission of 13 September 2002 in Matter No C2002/2307, being an application by the present applicant for leave to appeal against a decision of Commissioner Grainger dated 9 May 2002 in Matter No U2002/1089.
2.
A writ of mandamus issue to the Commission, directing it to hear and determine Matter No C2002/2307 in accordance with law.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.