Brown v Health Services Union (No 2) [2012] FCA 1014

Brown v Health Services Union (No 2) [2012] FCA 1014

Extensions of time for compliance with key steps of the Schemes of Administration in respect of the HSU East Branch and HSUeast were granted on the basis of incomplete asset transfer (notably property in South Melbourne) and scheduling of AEC elections, with the Court exercising its power under the existing schemes to extend rather than requiring formal scheme variation.

Jurisdiction
Australia
Judgment Date
14 September 2012
Procedural Posture
Application (extension of Time) / Post Judgment Orders on Scheme Administration
Outcome
Extension of time granted by Court order (not by scheme variation) for compliance with administration scheme timelines.
Legal Topics
['reconstitution of Union' 'administration Scheme' 'extension of Time' 'court Variation of Scheme']
['industrial Law'] ['reconstitution of Union' 'administration Scheme' 'extension of Time' 'court Variation of Scheme']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application (extension of Time) / Post Judgment Orders on Scheme Administration

Legal Issues

  1. 1 ['Whether to grant extension of time for compliance with scheme of administration for HSU unions' 'Whether extension should be by way of court order or variation to the scheme']

Ratio Decidendi

Extensions of time for compliance with key steps of the Schemes of Administration in respect of the HSU East Branch and HSUeast were granted on the basis of incomplete asset transfer (notably property in South Melbourne) and scheduling of AEC elections, with the Court exercising its power under the existing schemes to extend rather than requiring formal scheme variation.

Court Disposition

Extension of time granted by Court order (not by scheme variation) for compliance with administration scheme timelines.

Orders

  • ['The time for compliance with paragraph 18 of the Scheme of Administration approved on 21 June 2012 (as varied) is extended to 31 October 2012.' 'The time for compliance with paragraph 28 of the Scheme of Administration approved on 21 June 2012 (as varied) is extended by a further 60 days.']