Donnelly v Cosgrove [2009] FCA 1183

Donnelly v Cosgrove [2009] FCA 1183

Interim orders should not be continued against respondents who are no longer members of the NUW, as they are not under obligation to observe its rules. Orders are maintained against respondents who are current members of the NUW, as there is an arguable case that members may be subject to obligations under the rules.

Jurisdiction
Australia
Judgment Date
16 October 2009
Procedural Posture
Interlocutory Application / Interim Orders and Leave to Amend Rule to Show Cause
Outcome
Interim orders varied; leave granted in part to amend Rule to show cause; application to set aside orders in part granted and in part refused.
Legal Topics
['interlocutory Injunctions' 'breach of Union Rules' 'obligations of Union Members' 'applications Under Fair Work Act']
['industrial Law'] ['interlocutory Injunctions' 'breach of Union Rules' 'obligations of Union Members' 'applications Under Fair Work Act']

Case Brief

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Procedural Posture

Interlocutory Application / Interim Orders and Leave to Amend Rule to Show Cause

Legal Issues

  1. 1 ['Whether persons who are no longer members of a union are still subject to obligations under its rules' "Extent of members' obligations under Union rules" 'Should interim orders restricting conduct of respondents be maintained' 'Whether leave should be granted to amend the Rule to show cause']

Ratio Decidendi

Interim orders should not be continued against respondents who are no longer members of the NUW, as they are not under obligation to observe its rules. Orders are maintained against respondents who are current members of the NUW, as there is an arguable case that members may be subject to obligations under the rules.

Court Disposition

Interim orders varied; leave granted in part to amend Rule to show cause; application to set aside orders in part granted and in part refused.

Orders

  • ['The Order made herein on 22 April 2009 by Gray J, and extended by consent, be varied by excluding the Third, Tenth and Eleventh Respondents from certain orders and by vacating Orders 1(c), (d) and (e).' 'Leave granted to applicant to amend the Rule to show cause by adding paragraphs 5A(a), 5A(b), and 5B(a).'...