Kirk v Industrial Relations Commission of New South Wales

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Gummow,Hayne,Crennan,Kiefel,Bell JJ,Heydon J
Judgment Date03 Feb 2010
Neutral Citation[2010] HCA 1,2010-0203 HCA A
Docket NumberMatter No S106/2009
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409 cases
16 firm's commentaries
  • Requirement to comply with the procedural requirements in the SOP Act
    • Australia
    • Mondaq Australia
    • May 13, 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
    • August 31, 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......
  • Update on Proposed Federal Occupational Health and Safety Legislation
    • Australia
    • Mondaq Australia
    • April 19, 2010
    ...recent High Court decision, made it the most stringent in the country. The High Court's decision in Kirk v Industrial Relations Commission [2010] HCA 1 however has arguably negated much of the unions' position, as NSW OH&S laws will now be interpreted more in alignment with OH&S law......
  • What must a safety regulator tell you about the charges you are facing? The Queensland Court of Appeal considers the Kirk Group High Court decision
    • Australia
    • Mondaq Australia
    • August 23, 2013
    ...and Western Australia. 2Kirk v Industrial Court of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales [2010] HCA 1; (2010) 239 CLR 3The NSW Act has since been replaced by the Work Health and Safety Act 2011 (NSW), which also forms part of the nationally ha......
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