Blair v Johnston [2000] FCA 663

Blair v Johnston [2000] FCA 663

The Court was not persuaded that the applicant had established an incontrovertible case of non-performance by the respondents of any identifiable provision of the Union rules, nor that the proposed mandatory interim orders would further resolution within the Union; such orders would also be tantamount to granting part of the final relief. The application was therefore adjourned for directions rather than the requested interim relief being granted.

Jurisdiction
Australia
Judgment Date
10 May 2000
Procedural Posture
Application Under Workplace Relations Act 1996 S 209 Concerning Performance and Observance of AMWU Rules / First Return of a Rule to Show Cause; Application for Interim Orders and Directions
Outcome
Requested interim mandatory orders were not made; the directions hearing was adjourned and respondents were directed to file and serve affidavits in reply.
Legal Topics
['interim Orders Under Workplace Relations Act 1996 S 209(4)' 'performance and Observance of Union Rules' 'mandatory Interim Relief' 'union Publications' 'related Union Election Proceedings']
['workplace Relations' 'industrial Organisations' 'federal Court Procedure'] ['interim Orders Under Workplace Relations Act 1996 S 209(4)' 'performance and Observance of Union Rules' 'mandatory Interim Relief' 'union Publications' 'related Union Election Proceedings']

Case Brief

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Procedural Posture

Application Under Workplace Relations Act 1996 S 209 Concerning Performance and Observance of AMWU Rules / First Return of a Rule to Show Cause; Application for Interim Orders and Directions

Legal Issues

  1. 1 ['Whether interim orders should be made requiring the respondents to perform and observe AMWU rules by complying with decisions of the AMWU National Council and directions of the National Secretary.' 'Whether the first respondent should be ordered to answer a questionnaire directed by the applicant on the instructions of the National Secretary.' 'Whether the respondents should be ordered to deliver up copies of the disputed version of the Metal Engineering and Associated Industries Award publication.' 'Whether the proposed interim orders would further the resolution within the Union of the matter the subject of the application.']

Ratio Decidendi

The Court was not persuaded that the applicant had established an incontrovertible case of non-performance by the respondents of any identifiable provision of the Union rules, nor that the proposed mandatory interim orders would further resolution within the Union; such orders would also be tantamount to granting part of the final relief. The application was therefore adjourned for directions rather than the requested interim relief being granted.

Court Disposition

Requested interim mandatory orders were not made; the directions hearing was adjourned and respondents were directed to file and serve affidavits in reply.

Orders

  • ['The directions hearing be adjourned to 9 June 2000.' 'The respondent file and serve by 31 May 2000 any affidavit or affidavits in reply.']