Australian Workers' Union v Registered Organisations Commissioner [2018] FCA 1300

Australian Workers' Union v Registered Organisations Commissioner [2018] FCA 1300

Given the strength of the public interest immunity claim, the professional conduct and proximity to completion of the investigation, and the absence of outrageous or prejudicial delay, maintenance of immunity is warranted for at least the next four weeks.

Jurisdiction
Australia
Judgment Date
21 August 2018
Procedural Posture
Application / Interlocutory – Adjournment Pending Investigation; Consideration of Public Interest Immunity Claim
Outcome
Application adjourned; immunity maintained for the next four weeks
Legal Topics
['public Interest Immunity' 'adjournments' 'delay in Investigations']
['employment & Industrial Relations'] ['public Interest Immunity' 'adjournments' 'delay in Investigations']

Case Brief

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Procedural Posture

Application / Interlocutory – Adjournment Pending Investigation; Consideration of Public Interest Immunity Claim

Legal Issues

  1. 1 ['Whether the claim for public interest immunity by the AFP should continue pending completion of the investigation']

Ratio Decidendi

Given the strength of the public interest immunity claim, the professional conduct and proximity to completion of the investigation, and the absence of outrageous or prejudicial delay, maintenance of immunity is warranted for at least the next four weeks.

Court Disposition

Application adjourned; immunity maintained for the next four weeks

Orders

  • ['The application is adjourned to a date to be fixed, approximately four weeks hence, and the parties will be notified of that date shortly.']