Kirk v Industrial Relations Commission of New South Wales

JurisdictionAustralia Federal only
JudgeFrench CJ,Gummow,Hayne,Crennan,Kiefel,Bell JJ,Heydon J
Judgment Date03 February 2010
Neutral Citation[2010] HCA 1,2010-0203 HCA A
CourtHigh Court
Docket NumberMatter No S106/2009
Date03 February 2010
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551 cases
22 firm's commentaries
  • Reviewing a BIFA adjudication decision ' Number 1 complete guide
    • Australia
    • Mondaq Australia
    • 16 August 2022
    ...a BIFA adjudication decision is because of jurisdictional error. The High Court of Australia in Kirk v Industrial Relations Commission [2010] HCA 1 confirmed that jurisdictional error may arise due to "the absence of a jurisdictional fact". The Court said at The Court amplified what was sai......
  • NSW Government Bulletin - 17 June 2015
    • Australia
    • Mondaq Australia
    • 25 June 2015
    ...characteristic of Supreme Court - Environmental Planning and Assessment Act 1979 (NSW), s 101 - Kirk v Industrial Court of New South Wales [2010] HCA 1; 228 CLR 651 referred to ENVIRONMENT AND PLANNING - development control - complying development - certificate issued by accredited certifie......
  • Requirement to comply with the procedural requirements in the SOP Act
    • Australia
    • Mondaq Australia
    • 13 May 2011
    ...of certiorari and set the determination aside. Secondly, in light of the High Court decision in Kirk v Industrial Relations Commission [2010] HCA 1, the decision in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 should not be followed in relation to an adjudication application that was not ......
  • Adjudication determinations - a new era in challenges?
    • Australia
    • Mondaq Australia
    • 31 August 2016
    ...and Quality v Davenport [2004] NSWCA 394 and the decision of the High Court of Australia in Kirk v Industrial Court of New South Wales [2010] HCA 1 Although the generally understood view until this decision was that judicial review of adjudication determinations was available only where the......
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61 books & journal articles
  • Mandatory sentencing for people smuggling: issues of law and policy.
    • Australia
    • Melbourne University Law Review Vol. 36 No. 2, August 2012
    • 1 August 2012
    ...sentences are not contrary to the Charter merely because they fetter discretion). (294) See Kirk v Industrial Court of New South Wales (2010) 239 CLR 531, 578-81 [91]-[100] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ); Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476, 513-14......
  • Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
    • United Kingdom
    • Federal Law Review No. 44-2, June 2016
    • 1 June 2016
    ...124. 157 Note, the State Supreme Courts also have some entrenched judicial review jurisdiction: Kirk v Industrial Relations Court (NSW) (2010) 239 CLR 531....
  • Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error
    • United Kingdom
    • Federal Law Review No. 44-3, September 2016
    • 1 September 2016
    ...Public Law Review 94. 3 Chief Justice J J Spigelman, ‘The Centrality of Jurisdictional Error’ (2010) 21(2) Public Law Review 77. 4 (2010) 239 CLR 531 (‘Kirk’). 5 (2013) 249 CLR 332 (‘Li’). 6 (2010) 243 CLR 319 (‘M61’). 7 (2014) 220 FCR 1 (‘NBMZ’). 8 Minister for Immigration and Multicultura......
  • The legal and commercial frameworks
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...Ltd (2007) 230 CLR 89 at [135]; Stuart v Kirkland-Veenstra (2009) 237 CLR 215 at [102]; Kirk v Industrial Relations Commission of NSW (2010) 239 CLR 531 at [99]. 102 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 at [135]. 103 Much has been written on the reception of Engli......
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