A decision by the Industrial Court Full Bench to grant leave to amend a summons does not constitute a 'decision on an issue of jurisdiction' within s 179(4) of the Industrial Relations Act 1996 (NSW) merely because the applicant raised a futility argument touching on jurisdiction, where the jurisdictional challenge was not substantively argued. Evaluative judgments about whether amendments constitute a new and separate application under s 108B raise questions of fact and degree that are rarely susceptible to supervisory review as jurisdictional error. When assessing whether amendments constitute a new application, the substance of the application is to be assessed rather than concentrating on the text of the summons as a textual pleading question.
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