PRACTICE and PROCEDURE - Court of Appeal - stay of proceedings pending application for prohibition - principles on which stay granted under inherent power and SC Act 1970 s.23 - refuse to stay proceedings in IRC on dispute notification pending hearing of application for prohibition based on lack of State jurisdiction and inconsistency between AWA under SR Act (Cth) and provisions of IR Act (NSW)
INDUSTRIAL LAW - employment under AWA under WR Act (Cth) - whether Constitution s.109 inconsistency excludes dispute resolution provisions of IR Act (NSW) - interlocutory stay of proceedings in IRC refused.
Case Details
Citation[2005] NSWCA 85
CourtNSWCA
JurisdictionNew South Wales
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