R v Marks

(2007) 166 IR 192; [2007] NSWCA 209

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Industrial Court
4. › Power to reopen final orders
5. › Whether Industrial Court is court of last resort
6. › Whether implied power to reopen perfected orders exists
7. › Industrial Relations Act (NSW), s 179
1. Employment Law
2. › Industrial law
3. › Industrial Relations Commission
4. › Orders
5. › Reinstatement
6. › Variation of final orders after perfection
7. › Whether orders may be varied where position abolished
1. Practice and Procedure
2. › Judgments and orders
3. › Finality of orders
4. › Power to reopen perfected orders
5. › Distinction between courts of last resort and intermediate courts
6. › Slip rule and liberty to apply

Quick Take

The Industrial Court of NSW has no implied power to reopen its final orders once perfected, because it is not a court of last resort — its decisions in Federal jurisdiction remain subject to appeal by special leave to the High Court. The only avenues for revision of perfected Industrial Court orders are the slip rule, fraud, and matters arising in the working out of the order (not substantive variation). Section 179(1) of the Industrial Relations Act operates only externally and does not prevent the Industrial Court from reopening its own interlocutory decisions.