Application by Cowie [2016] FWC 7886 (21 November 2016)

(#P104_7575) Rowing Victoria submissions at par 48.

(#P114_9771) Including Aboriginal Legal Service (WA) Inc v Lawrence (No 2.) [2008] WASCA 254; (2008) 252 ALR 136 at par [68].

(#P115_10240) Hughes v Western Australian Cricket Association Inc [1986] FCA 357.

(#P159_14662) Victoria is not a Territory as defined in s.2B of the Acts Interpretation Act 1901, which refers to s.122 of the Australian Constitution.

(#P170_15544) Australian Constitution s.52(i).

(#P175_16041) [2008] WASCA 254; (2008) 252 ALR 136 at par [68].

(#P196_19247) [2010] FCAFC 11; (2010) 182 FCR 483 at par [48].

9 [1991] FCA 20; (1991) 27 FCR 310.

(#P202_20762) Ibid at 343.

(#P205_21032) Ibid at 345.

(#P220_25587) [2010] FCAFC 11; (2010) 182 FCR 483 at par [52].

(#P221_25738) [2015] FCAFC 1.

(#P222_26090) United Firefighters Union of Australia v Country Fire Authority [2014] FCA 17. This was not disturbed on appeal by the Full Court.

(#P253_32770) [1986] FCA 357 at [25].

(#P256_33021) See R v Trade Practices Tribunal Ex parte St George County Council [1974] HCA 7; (1974) 130 CLR 533 at 569 and Re: Ku-ring-gai Co-operative Building Society (No. 12 ) Ltd [1978] FCA 50; (1978) 36 FLR 134 at 160. However, these authorities must also be considered in light of the more recent decisions of the Federal Court summarised in Lawrence and Bankstown and others outlined in this decision.

(#P257_33487) Adamson v West Perth Football Club (Incorporated) [1979] FCA 81.

(#P275_34984) Rule 4 of the Rowing Victoria Inc. Constitution.

(#P278_35278) Ibid, Rule 13 and 14.

(#P279_35326) Ibid, Rule 38.

(#P352_49435) See: Marie Pasalskyj [2015] FWC 7309 at [57] and [58].

(#P359_50068) See: Re Mid Density Development Pty Limited v Rockdale Municipal Council [1992] FCA 634 at 25.

(#P370_51451) Lawrence at [68].

(#P412_55638) [2016] FWC 6590.

(#P415_55997) See the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.

(#P420_56856) Including for example the application of the unfair dismissal jurisdiction for national system employees in Part 3-2 of the FW Act.

(#P450_58938) Permission was given pursuant to s.596 of the FW Act for the purposes of various preliminary and procedural conferences. Rowing Victoria was not externally represented at the conciliation conference convened by the Commission and permission was not required for the lodgement of written submissions and evidence - Rule 12 of the Fair Work Rules 2013.

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