Construction, Forestry, Mining & Energy Union v Mirvac Constructions Pty Ltd [2000] FCA 159

Construction, Forestry, Mining & Energy Union v Mirvac Constructions Pty Ltd [2000] FCA 159

Given the Union's undertaking to file and serve appeal documents, the urgent circumstances, the absence of time to assess the merits, and the need to preserve effective appellate consideration of orders that were arguably unusual in being ex parte, mandatory and arguably intended to be unappellable, paragraphs 1 and 2 of Beach J's orders should be stayed until 4.30pm on 24 February 2000.

Jurisdiction
Australia
Judgment Date
21 February 2000
Procedural Posture
Application for Stay of Orders / Urgent Application for Stay Pending Intended Appeal
Outcome
Application for stay granted in part.
Legal Topics
['stay of Orders' 'ex Parte Orders' 'mandatory Injunctions' 'industrial Action' 'workplace Relations Act 1996']
['civil Procedure' 'industrial Law' 'appellate Procedure'] ['stay of Orders' 'ex Parte Orders' 'mandatory Injunctions' 'industrial Action' 'workplace Relations Act 1996']

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Procedural Posture

Application for Stay of Orders / Urgent Application for Stay Pending Intended Appeal

Legal Issues

  1. 1 ["Whether paragraphs 1 and 2 of the orders made by Beach J should be stayed pending the Union's intended appeal." 'Whether a temporary stay should be granted without considering the merits in order to preserve the effectiveness of appellate review.']

Ratio Decidendi

Given the Union's undertaking to file and serve appeal documents, the urgent circumstances, the absence of time to assess the merits, and the need to preserve effective appellate consideration of orders that were arguably unusual in being ex parte, mandatory and arguably intended to be unappellable, paragraphs 1 and 2 of Beach J's orders should be stayed until 4.30pm on 24 February 2000.

Court Disposition

Application for stay granted in part.

Orders

  • ['Upon the undertaking of counsel for the Construction, Forestry, Mining and Energy Union to file and serve a notice of appeal and any other necessary incidental application within the time limited by the Rules, paragraphs 1 and 2 of the orders made by Beach J on 22 February 2000 are stayed until 4.30pm on 24...