WORKPLACE RELATIONS ACT 1996 - SECT 851 Exercise of Court's original jurisdiction
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 851
Exercise of Court's original jurisdiction(1) The jurisdiction of the Court under this Act is to be exercised by a Full Court in relation to matters in which a writ of mandamus or prohibition or an injunction is sought against:
(a) a Presidential member; or
(b) officers of the Commonwealth at least one of whom is a Presidential member.
(2) Subsection (1) does not require the jurisdiction of the Court to be exercised by a Full Court in relation to a prosecution for an offence merely because the offence relates to a matter to which that subsection applies.
(3) Subsection (1) does not, in relation to matters referred to in that subsection, require the jurisdiction of the Court to be exercised by a Full Court to:
(a) join or remove a party; or
(b) make an order (including an order for costs) by consent disposing of a matter; or
(c) make an order that a matter be dismissed for want of prosecution; or
(d) make an order that a matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter; or
(e) vary or set aside an order under paragraph (c) or (d); or
(f) give directions about the conduct of a matter, including directions about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(4) The Rules of Court may make provision enabling the powers mentioned in subsection (3) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.