AWU v Shell Refining (Australia) Pty Ltd [1999] FCA 1201

AWU v Shell Refining (Australia) Pty Ltd [1999] FCA 1201

The Court declined to adjourn the appellants' motion for expedition, giving directions to expedite preparation and hearing of the appeal, without prejudice to respondents' rights to challenge competency or seek stays.

Jurisdiction
Australia
Judgment Date
18 August 1999
Procedural Posture
Appeal / Interlocutory Directions/preparatory Orders for Hearing
Outcome
Interlocutory orders made to expedite appeal; costs reserved; motion for adjournment refused.
Legal Topics
['protected Industrial Action' 'appeal Procedure' 'expedition of Hearing']
['employment Law' 'industrial Law'] ['protected Industrial Action' 'appeal Procedure' 'expedition of Hearing']

Case Brief

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Procedural Posture

Appeal / Interlocutory Directions/preparatory Orders for Hearing

Legal Issues

  1. 1 ['Whether the appeal should be expedited' 'Whether orders at first instance improperly preclude protected industrial action' 'Competency of appeal under s 422 of the Workplace Relations Act 1996']

Ratio Decidendi

The Court declined to adjourn the appellants' motion for expedition, giving directions to expedite preparation and hearing of the appeal, without prejudice to respondents' rights to challenge competency or seek stays.

Court Disposition

Interlocutory orders made to expedite appeal; costs reserved; motion for adjournment refused.

Orders

  • ['Appellants to file and serve a proposed list of contents of an appeal book by 5.00 pm on 19 August 1999.' 'Proposed list to be settled by Registrar at 2.15 pm on 20 August 1999.' 'Appellants to prepare, file and serve appeal book by 5.00 pm on 24 August 1999.' 'Appellants to file and serve submissions by 5.00 pm...