Battese, in the matter of an election for an office in the Communication Workers' Union of Australia Postal and Telecommunications Branch, NSW [1996] IRCA 323
The court declined to make interlocutory orders as sought because, apart from three offices, it was doubtful that power to make the orders existed, and utility was lacking unless and until orders comprehensively addressed all vacant organiser offices. No general restraining order or requirement for handwriting specimens was appropriate at this stage.
- Jurisdiction
- Australia
- Judgment Date
- 22 July 1996
- Procedural Posture
- Application for Interlocutory Orders / Interlocutory Decision
- Outcome
- Application for interlocutory orders refused
- Legal Topics
- ['union Elections' 'interlocutory Injunctions' 'industrial Organisation Administration']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Interlocutory Orders / Interlocutory Decision
Legal Issues
- 1 ['Whether the court has power to make interlocutory orders restraining allocation of duties to temporary organisers' 'Whether the court should order temporary organisers to provide handwriting specimens for expert examination']
Ratio Decidendi
The court declined to make interlocutory orders as sought because, apart from three offices, it was doubtful that power to make the orders existed, and utility was lacking unless and until orders comprehensively addressed all vacant organiser offices. No general restraining order or requirement for handwriting specimens was appropriate at this stage.
Court Disposition
Application for interlocutory orders refused
Orders
- ['The orders sought are not made.']
Full Case Text
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