Australian Workers Union v Registered Organisations Commissioner [2018] FCA 517

Australian Workers Union v Registered Organisations Commissioner [2018] FCA 517

The interests of the parties, including prejudice to the AWU if denied access to relevant documents and the public interest in the ongoing police investigation, weigh in favour of vacating the trial date, especially given the likely imminent conclusion of the police investigation.

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Employment & Industrial Relations / Interlocutory Application for Adjournment
Outcome
Trial date vacated; application for inspection adjourned; costs reserved.
Legal Topics
['adjournment of Trial' 'public Interest Immunity' 'improper Purpose in Statutory Investigations']
['employment & Industrial Relations'] ['adjournment of Trial' 'public Interest Immunity' 'improper Purpose in Statutory Investigations']

Case Brief

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Procedural Posture

Employment & Industrial Relations / Interlocutory Application for Adjournment

Legal Issues

  1. 1 ['Whether the upcoming trial should be adjourned due to ongoing police investigation' 'Whether public interest immunity applies to documents sought by the applicant']

Ratio Decidendi

The interests of the parties, including prejudice to the AWU if denied access to relevant documents and the public interest in the ongoing police investigation, weigh in favour of vacating the trial date, especially given the likely imminent conclusion of the police investigation.

Court Disposition

Trial date vacated; application for inspection adjourned; costs reserved.

Orders

  • ['The hearing of the trial presently listed before Bromberg J to commence on 26 March 2018 is vacated.' "The applicant's application for inspection filed 21 December 2017 is adjourned for directions to 10.15 am on 8 June 2018 for a report by the second respondent on the progress of investigation." 'Costs reserved.']