The Australian Workers' Union of Employees, Queensland v State of Queensland
[2012] QCA 353
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The Australian Workers' Union of Employees, Queensland v State of Queensland [2012] QCA 353
JUDGE(S):
Holmes J, Muir JA,White JA
DELIVERED ON:
14 December 2012
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Editorial Notes
Published Case Name:
The Australian Workers' Union of Employees, Queensland v State of Queensland; State of Queensland v Together Queensland, Industrial Union of Employees & Anor
Shortened Case Name:
The Australian Workers' Union of Employees, Queensland v State of Queensland
The Australian Workers’ Union of Employees, Queensland and Together Queensland, Industrial Union of Employees applied for certain declarations of invalidity in relation to amendments to the Industrial Relations Act 1999 (Qld). Pursuant to s 61(5) of the Supreme Court of Queensland Act 1991 (Qld) those applications pending in the Trial Division were removed into the Court of Appeal and directed to be heard together.
As the Constitution of Queensland did not contain a doctrine of separation of powers the amendment to the Industrial Relations Act 1999 was not invalid. Whilst certification was not a traditional function exercised by courts, it was not transformed into a judicial function. Applications dismissed: Holmes JA, Muir JA, White JA.
Application for Special Leave (HCA)
File Number: B03/13
10 Jan 2013
-
Special Leave Refused (HCA)
[2013] HCATrans 131
06 Jun 2013
Special leave refused: Hayne J, Bell J and Keane J.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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