Carters, C. Pty Ltd v The Shop Dist. & Allied Employees Association of W.A. [1986] FCA 337

Carters, C. Pty Ltd v The Shop Dist. & Allied Employees Association of W.A. [1986] FCA 337

Given affidavits alleging conduct amounting to physical obstruction and substantial loss, with little likelihood of harm to respondents, and urgent circumstances, an interim injunction is warranted against all respondents.

Parties
Applicant: Applicant; First Respondent: THE SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA; Second Respondent: TRANSPORT WORKERS UNION; Third Respondent: AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION; Fourth Respondent: FEDERATED CLERKS UNION OF AUSTRALIA; Fifth Respondent: CLIVE BROWN; Sixth Respondent: JOE BULLOCK
Jurisdiction
Australia
Judgment Date
23 July 1986
Procedural Posture
Application for Interlocutory Injunction / Ex Parte, Interim Determination
Outcome
Interim injunction granted against all respondents
Legal Topics
Interlocutory Injunction, Industrial Picketing
Trade Practices Industrial Law Interlocutory Injunction Industrial Picketing

Case Brief

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Parties

Applicant

Applicant

THE SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA

First Respondent

TRANSPORT WORKERS UNION

Second Respondent

AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION

Third Respondent

FEDERATED CLERKS UNION OF AUSTRALIA

Fourth Respondent

CLIVE BROWN

Fifth Respondent

JOE BULLOCK

Sixth Respondent

Procedural Posture

Application for Interlocutory Injunction / Ex Parte, Interim Determination

Legal Issues

  1. 1 Whether restraining orders should be granted on an ex parte basis pursuant to s.45D of the Trade Practices Act
  2. 2 Whether the conduct complained of constitutes unlawful industrial picketing

Ratio Decidendi

Given affidavits alleging conduct amounting to physical obstruction and substantial loss, with little likelihood of harm to respondents, and urgent circumstances, an interim injunction is warranted against all respondents.

Court Disposition

Interim injunction granted against all respondents

Orders

  • Interlocutory injunction in terms of minutes signed and dated this day