Where a final judgment has been entered on the basis of a contract, proceedings in the Industrial Relations Commission seeking to declare that contract void or varied under s106 of the Industrial Relations Act 1996 will constitute an abuse of process because the relief sought would contradict the basis upon which the judgment stands, engaging the principles of issue estoppel. The Commission has no power to vary a Supreme Court judgment, and a Supreme Court judgment is not a 'contract' within s105. However, the question whether a Supreme Court judgment is never amenable to overreaching through the Commission's s106 jurisdiction was expressly left open.
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