Want v Kruse [2008] FCA 957

Want v Kruse [2008] FCA 957

The Court declined to issue the Show Cause Order at this stage because the dispute was wholly internal, Mr Want had invoked an internal appeal process that had not yet been determined, there was no evidence of personal hardship or financial loss pending the appeal, informal negotiations were continuing, and s 164(3) of Schedule 1 to the Workplace Relations Act 1996 (Cth) supported requiring reasonable internal steps before Court intervention.

Jurisdiction
Australia
Judgment Date
20 June 2008
Procedural Posture
Application for an Order to Show Cause Under O 48 R 8 of the Federal Court Rules (cth) Seeking Orders Under S 164 of Schedule 1 to the Workplace Relations Act 1996 (cth) / Hearing of Whether a Show Cause Order Should Issue
Outcome
Application for an Order to Show Cause adjourned to a date to be fixed; costs reserved.
Legal Topics
['enforcement of Union Rules' 'order to Show Cause' 'internal Union Dispute' 'discretion to Refuse or Defer Relief' 'workplace Relations Act 1996 (cth) Schedule 1 S 164']
['industrial Law' 'federal Court Procedure' 'registered Organisations'] ['enforcement of Union Rules' 'order to Show Cause' 'internal Union Dispute' 'discretion to Refuse or Defer Relief' 'workplace Relations Act 1996 (cth) Schedule 1 S 164']

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Procedural Posture

Application for an Order to Show Cause Under O 48 R 8 of the Federal Court Rules (cth) Seeking Orders Under S 164 of Schedule 1 to the Workplace Relations Act 1996 (cth) / Hearing of Whether a Show Cause Order Should Issue

Legal Issues

  1. 1 ['Whether the Court should issue an Order to Show Cause requiring the respondent to show cause why orders should not be made under s 164 of Schedule 1 to the Workplace Relations Act 1996 (Cth).' 'Whether the applicant had taken reasonable steps to resolve the internal union dispute within the organisation before seeking Court intervention.' 'Whether discretionary considerations, including an internal appeal process and absence of evidence of hardship, warranted deferring relief.']

Ratio Decidendi

The Court declined to issue the Show Cause Order at this stage because the dispute was wholly internal, Mr Want had invoked an internal appeal process that had not yet been determined, there was no evidence of personal hardship or financial loss pending the appeal, informal negotiations were continuing, and s 164(3) of Schedule 1 to the Workplace Relations Act 1996 (Cth) supported requiring reasonable internal steps before Court intervention.

Court Disposition

Application for an Order to Show Cause adjourned to a date to be fixed; costs reserved.

Orders

  • ['The application for an Order to Show Cause be adjourned to a date to be fixed.' 'Costs be reserved.']