Conway v Fernandez [2018] FCA 1949

Conway v Fernandez [2018] FCA 1949

The applicant established an arguable case of denial of procedural fairness and non-compliance with union rules in calling the meeting, justifying the grant of interim relief. Given the potential detriment, the Court ordered the respondents be restrained from proceeding with the disciplinary hearing until further order, conditional on the applicant's undertaking as to damages.

Jurisdiction
Australia
Judgment Date
04 December 2018
Procedural Posture
Application for Interlocutory Relief / Interlocutory (interim Relief Granted)
Outcome
Interim injunction granted (pending final hearing, conditional upon undertaking as to damages)
Legal Topics
['interlocutory Relief Under S 164 of Fair Work (registered Organisations) Act 2009 (cth)' 'union Discipline Procedures' 'procedural Fairness' 'compliance With Union Rules']
['industrial Law'] ['interlocutory Relief Under S 164 of Fair Work (registered Organisations) Act 2009 (cth)' 'union Discipline Procedures' 'procedural Fairness' 'compliance With Union Rules']

Case Brief

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Procedural Posture

Application for Interlocutory Relief / Interlocutory (interim Relief Granted)

Legal Issues

  1. 1 ['Whether the applicant was denied procedural fairness in the union disciplinary process' 'Whether union rules for convening a special Federal Council meeting were followed' "Whether 14 days' notice was provided for the disciplinary meeting" 'Whether officials with potential conflicts could participate in the disciplinary hearing' 'Whether the relevant rule could be invoked to remove the applicant from office']

Ratio Decidendi

The applicant established an arguable case of denial of procedural fairness and non-compliance with union rules in calling the meeting, justifying the grant of interim relief. Given the potential detriment, the Court ordered the respondents be restrained from proceeding with the disciplinary hearing until further order, conditional on the applicant's undertaking as to damages.

Court Disposition

Interim injunction granted (pending final hearing, conditional upon undertaking as to damages)

Orders

  • ['Upon the applicant giving the usual undertaking as to damages, and pursuant to s164(4) of the Fair Work (Registered Organisations) Act 2009 (Cth), until the hearing and determination of this proceeding or further order, the respondents be enjoined from proceeding to hear and determine the charges contained in the...