Judicial review of a defective complaint and summons : Newman v President of the Industrial Court of Queensland [2012] QSC 145

In Newman v TJV Electrical Pty Ltd (C/2011/13) the President of the Industrial Court heard an appeal against the finding of the industrial magistrate that the complaint and summons lodged by the complainant was incurably defective. The President accepted that the “essential factual ingredients” had not been pleaded; found that the defects were incurable and that the complaint was unable to be amended. The complainant lodged an appeal seeking judicial review of the President’s decision submitting that the President had committed a jurisdictional error and the complaint be declared valid (at [4]).