Wan v Australian Industrial Relations Commission & Anor B3/2002 [2002] HCATrans 604 (15 November 2002)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B3 of 2002

B e t w e e n -

ALICE WAN

Applicant

and

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

First Respondent

AUSTRALIAN BROADCASTING CORPORATION

Second Respondent

Application for special leave to appeal

GAUDRON J

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

FROM BRISBANE BY VIDEO LINK TO CANBERRA

ON FRIDAY, 15 NOVEMBER 2002, AT 10.23 AM

Copyright in the High Court of Australia

MRS A. WAN appeared in person.

GAUDRON J: I hold a certificate from the Deputy Registrar who certifies that she has been advised by the Australian Government Solicitor, solicitor for the first respondent, that is the Australian Industrial Relations Commission, that it will not be appearing at the hearing of this matter and will abide by the decision of the Court save as to costs. She also certifies that the Messrs Blake Dawson Waldron, solicitors for the second respondent, have advised that the second respondent will submit to any order of the Court except as to costs.

Yes, Mrs Wan, do you wish to put oral submissions?

MRS WAN: No, your Honour, I am not presenting any oral argument or submission.

GUMMOW J: Thank you. We have your written submissions.

GAUDRON J: Thank you.

MRS WAN: Thank you, your Honour.

GAUDRON J: Yes, you may sit down Mrs Wan.

We have read the written submissions of the applicant in this matter. By those submissions and by her application, Mrs Wan seeks special leave to appeal from a decision of the Federal Court refusing relief under section 75(v) with respect to a decision of the Full Bench of the Industrial Relations Commission. The Full Bench of the Commission refused Mrs Wan leave to appeal from a decision to the effect that she had not been unfairly dismissed by the ABC.

Having read the decisions of the Full Bench and the Full Federal Court, we are satisfied that the decision of the Full Bench to refuse leave to appeal did not involve any jurisdictional error and that the decision of the Full Federal Court in that regard is not attended with any doubt. Accordingly, special leave should be refused. Yes, the application is refused, Mrs Wan.

The Court will adjourn briefly to reconstitute.

AT 10.26 AM THE MATTER WAS CONCLUDED