Fegan v Kathy Jackson [2009] FCA 338

Fegan v Kathy Jackson [2009] FCA 338

The applicant demonstrated a serious issue to be tried that the National Secretary was under a duty pursuant to rule 49(e) and the Workplace Relations legislative provisions to act promptly to apply for certification of the branch rule changes, and that the necessary documents had been provided. The balance of convenience favoured the applicant as time was about to expire for lodging notice and the respondent failed to identify prejudice. Accordingly, the court granted the interim relief sought to ensure the matter was before the Industrial Registrar.

Jurisdiction
Australia
Judgment Date
09 April 2009
Procedural Posture
Application for Interim Orders Under Industrial Law / Interim Application (interlocutory), Orders Granted Prior to Final Hearing
Outcome
Interim orders granted (application succeeded)
Legal Topics
['union Rule Amendments' 'certification of Rule Changes' 'interim Orders Under Workplace Relations Act']
['industrial Law'] ['union Rule Amendments' 'certification of Rule Changes' 'interim Orders Under Workplace Relations Act']

Case Brief

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Procedural Posture

Application for Interim Orders Under Industrial Law / Interim Application (interlocutory), Orders Granted Prior to Final Hearing

Legal Issues

  1. 1 ['Whether interim orders should be granted to require the National Secretary to apply forthwith to the Industrial Registrar for certification of rule changes under union rules and relevant legislation' 'Whether the National Secretary has a duty to lodge/forward the application to the Industrial Registrar upon receipt of documentation' 'Whether the applicant has taken all reasonable steps to resolve the dispute within the union prior to court application']

Ratio Decidendi

The applicant demonstrated a serious issue to be tried that the National Secretary was under a duty pursuant to rule 49(e) and the Workplace Relations legislative provisions to act promptly to apply for certification of the branch rule changes, and that the necessary documents had been provided. The balance of convenience favoured the applicant as time was about to expire for lodging notice and the respondent failed to identify prejudice. Accordingly, the court granted the interim relief sought to ensure the matter was before the Industrial Registrar.

Court Disposition

Interim orders granted (application succeeded)

Orders

  • ["The respondent (Kathy Jackson) required to lodge in the Australian Industrial Registry the documents forming part of exhibit 'PF-2' to the affidavit of Pauline Fegan affirmed on 26 March 2009 between pages 88–90 (inclusive) and the documents forming part of exhibit 'PF-6' between pages 107-115 (inclusive) before...