Practice Note CM 18

J L B Allsop, Chief Justice 04 June 2013

This Practice Note is REVOKED

On 25 October 2016, as part of the National Court Framework reforms, all existing practice documents were revoked and new national practice notes were issued, effective immediately.

To assist Court users to understand these practice note changes, the Court has prepared:

Title of proceedings for relief under s 39B of the Judiciary Act 1903 (Cth) against the Fair Work Commission

RTF version (20.3 kb)

Practice Note CM 18 issued on 21 September 2011 is revoked and the following Practice Note is substituted.

1.    This Practice Note applies to any proceeding in which relief is claimed in the nature of a constitutional writ under section 39B of the Judiciary Act 1903 against the Fair Work Commission, whether constituted by a single or more Fair Work Commission members, a Full Bench or a person holding a delegation from the President or the General Manager of the Fair Work Commission to perform the relevant act or function.

2.    In any such proceeding:

(a)    each party bringing the application should be named as the first applicant, second applicant and so on respectively;
(b)    each of the other parties to the proceeding before the Fair Work Commission should be named as the first respondent, second respondent and so on respectively; and
(c)    “Fair Work Commission” should be named as the last respondent.

3.    The names of the President, Vice Presidents, Deputy Presidents, Commissioners, Minimum Wage Panel Members, or person holding the delegation of the President or the General Manager of the Fair Work Commission should not appear in the title of the proceeding.

 

J L B ALLSOP
Chief Justice
4 June 2013