Kirk: Judicial Reviews and Private Clauses

Bauer Foundations Australia Pty Ltd v President of the Industrial Court of Qld & Anor [2011] QSC 103

A further example of the application of Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 in a judicial review application, albeit without success. The defendant in this instance was fined $200,000 for the death of a worker, which was not interfered with on appeal (Bauer Foundations Australia Pty Ltd AND Juanita Saltmer (C/2010/33)); despite President Hall intimating he would have come to a different result.

Brisbane Barrister – David Cormack

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