Squires, R.J. v. Stephenson, K. & Ors [1981] FCA 93

Squires, R.J. v. Stephenson, K. & Ors [1981] FCA 93

The Court is satisfied the applicant has shown a strong prima facie case that the suspension and directive were invalid or improperly issued; no culpable delay is found that would deny interim relief; balance of convenience plainly favours interim orders, as applicant is otherwise prevented from working, while...

Source-derived case information.

Parties
Applicant: Richard James Squires; Respondent: Keith Stephenson; Respondent: Glen Holland; Respondent: Peter Jacobs; Respondent: Warren Smith; Respondent: Rene Herbert; Respondent: David Barwick; Respondent: Lew Jackson; Respondent: David Lomas; Respondent: Charlie Lucas; Respondent: Garry Morris; Respondent: Paul Murphy; Respondent: Michael Sheehan; Respondent: Christopher Tregeagle; Respondent: Tony Baker; Respondent: Malcolm Miller; Respondent: John Jenkins; Respondent: Trevor Wilkins; Respondent: Davey Jones; Respondent: Flight Stewards' Association of Australia
Jurisdiction
Australia
Judgment Date
07 July 1981
Procedural Posture
Application Under Industrial Law / Interim/interlocutory Application; Order for Partial Change of Venue
Outcome
Interim orders granted; partial change of venue ordered
Legal Topics
Validity of Suspension by Registered Organisation, Interim Relief Principles, Balance of Convenience, Jurisdiction Under Conciliation and Arbitration Act, Change of Venue
Industrial Law Validity of Suspension by Registered Organisation Interim Relief Principles Balance of Convenience Jurisdiction Under Conciliation and Arbitration Act Change of Venue

Source-derived case record

Summary, issues, holding and outcome

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Parties

Richard James Squires

Applicant

Keith Stephenson

Respondent

Glen Holland

Respondent

Peter Jacobs

Respondent

Warren Smith

Respondent

Rene Herbert

Respondent

David Barwick

Respondent

Lew Jackson

Respondent

David Lomas

Respondent

Charlie Lucas

Respondent

Garry Morris

Respondent

Paul Murphy

Respondent

Michael Sheehan

Respondent

Christopher Tregeagle

Respondent

Tony Baker

Respondent

Malcolm Miller

Respondent

John Jenkins

Respondent

Trevor Wilkins

Respondent

Davey Jones

Respondent

Flight Stewards' Association of Australia

Respondent

Procedural Posture

Application Under Industrial Law / Interim/interlocutory Application; Order for Partial Change of Venue

Legal Issues

  1. 1 Whether the suspension and directive issued by union officials against a member were valid under the rules and statute
  2. 2 Whether the court had jurisdiction to grant interim orders restraining operation of the directive
  3. 3 Whether delay in seeking interim relief affected discretion

Ratio Decidendi

The Court is satisfied the applicant has shown a strong prima facie case that the suspension and directive were invalid or improperly issued; no culpable delay is found that would deny interim relief; balance of convenience plainly favours interim orders, as applicant is otherwise prevented from working, while respondents' inconvenience is self-inflicted. The Court has jurisdiction under s.141(2) of the Act to grant interim orders relating to directives made after proceedings started. Venue for the substantive hearing (case for the respondents) is ordered to Sydney considering convenience and location of parties and witnesses.

Court Disposition

Interim orders granted; partial change of venue ordered

Orders

  • Hearing until close of respondents' case to be conducted in Sydney.
  • Liberty to apply reserved to all parties on three days' notice.