Neilson, Richard Wayne v Corsetti, J & Ors [1998] FCA 134

Given current elections and under section 209(4) of the Workplace Relations Act 1996, the interlocutory injunction will continue pending determination of the application or further order, as it is more appropriate not to discharge the injunction at this stage.

Jurisdiction: Australia
Judgment Date: 13 February 1998
Procedural Posture: Application for Interlocutory Injunction / Hearing of Motion to Discharge Interlocutory Injunction
Outcome: Motion to discharge injunction refused; interlocutory injunction continued pending determination of application or further order.
Legal Topics: ['union Disciplinary Proceedings' 'interlocutory Injunctions' 'election of Union Officers']

['employment Law' 'industrial Law'] ['union Disciplinary Proceedings' 'interlocutory Injunctions' 'election of Union Officers']

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Procedural Posture

Application for Interlocutory Injunction / Hearing of Motion to Discharge Interlocutory Injunction

Legal Issues

1 ['Whether injunction restraining hearing of union disciplinary charges should be discharged' 'Appropriate application of section 209 of the Workplace Relations Act 1996']

Ratio Decidendi

Court Disposition

Motion to discharge injunction refused; interlocutory injunction continued pending determination of application or further order.

Orders

['Interlocutory injunction continued pending hearing and determination of the application or until further order.']