Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243

Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243

Ms Asmar established a serious question to be tried and the balance of convenience strongly favoured a temporary stay on the conduct of the ballots for all contested positions in the Branch, pending completion of the inquiry; remaining parties would not suffer prejudice from the stay.

Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Application for Interlocutory Orders / Interlocutory
Outcome
Application granted
Legal Topics
['election Procedures in Registered Organisations' 'interlocutory Injunction' 'balance of Convenience']
['industrial Law'] ['election Procedures in Registered Organisations' 'interlocutory Injunction' 'balance of Convenience']

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Procedural Posture

Application for Interlocutory Orders / Interlocutory

Legal Issues

  1. 1 ['Whether an order restraining the conduct of elections should be granted pending inquiry' 'Whether a serious question to be tried exists' 'Whether the balance of convenience favours granting the restraining order']

Ratio Decidendi

Ms Asmar established a serious question to be tried and the balance of convenience strongly favoured a temporary stay on the conduct of the ballots for all contested positions in the Branch, pending completion of the inquiry; remaining parties would not suffer prejudice from the stay.

Court Disposition

Application granted

Orders

  • ['No further steps to be taken in the conduct of the elections for the offices of the Branch President, Branch Secretary, Branch Senior Vice President, Branch Junior Vice President, Branch Assistant Secretary-Treasurer, Ordinary Member of the Branch Committee or National Council Delegate in the Branch until...