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Franzin v Pacific Access Pty Ltd   flag 

[2000] SAIRComm 59
South Australian Industrial Relations Commission
Australia - South Australia
3rd November, 2000

Legislation Cited

Legislation Name Provision
Industrial Relations Act (Cth)

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194; (2000) 174 ALR 585; (2000) 74 ALJR 1348; (2000) 99 IR 309; (2000) 21 Leg Rep 14 High Court of Australia Australia - Commonwealth circa 2000 AustLII flag 2521
Tomlinson v Leveda Inc (1996) 63 SAIR 455 Australia - South Australia circa 1996 flag 5
Lord v Zeeba Clothiers (1994) 61 SAIR 228 Australia - South Australia circa 1994 flag 4
"Those provisions make it clear that the Commission possesses the jurisdiction and power to amend any application, which would include amending the name of the respondent Moreover it is implicit from reading placitum (l) that the Commission, (even after judgment has been given) is empowered to rescind or vary any decision or order, it is not functus officio after judgment has been given In that regard we note that it has long been recognized that the necessity for a power to be exercised judicially tends in favour of the most liberal construction thereof (Knight v FP Special Assets Ltd (1992) 174 CLR 178 Australia - Commonwealth circa 1992 Legal Online / Westlaw flag 943
Fairclough v Strathmont Haulage Pty Ltd (1981) 28 SASR 456 Supreme Court of South Australia Australia - South Australia circa 1981 Legal Online / Westlaw flag 9

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