A contract between a business proprietor and fellow investors in an incorporated joint venture, which envisages but does not itself establish a work relationship, is not a contract 'whereby a person performs work in any industry' under s106(1) of the Industrial Relations Act 1996 (NSW). The term 'issue of jurisdiction' in s179(4) encompasses a situation where a jurisdictional matter is raised but not finally decided, including where a judge refuses to determine the jurisdictional question. The transitional provision in s19B of Schedule 4 preserves the position of litigants who had invoked the jurisdiction of the Court of Appeal or High Court prior to the 2005 amendments, such that the Court determines the jurisdictional issue without regard to s106(2A).
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
2 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.