Southcorp Australia Pty Limited v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1481

Southcorp Australia Pty Limited v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1481

The applicant established a sufficient basis to extend injunctive relief against individuals engaging in continued picketing—whether identified by name or photograph—since the conduct remains similar in nature and intention to previous activities, thereby justifying the orders sought.

Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Industrial Law Injunction Application / Interlocutory Order Following Previous Injunction; Joinder of New Respondents
Outcome
Interlocutory injunction extended to further named and photographed respondents; amendments to proceedings permitted; matter adjourned for further directions.
Legal Topics
['picketing' 'injunctions' 'joinder of Parties' 'workplace Relations']
['industrial Law'] ['picketing' 'injunctions' 'joinder of Parties' 'workplace Relations']

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Procedural Posture

Industrial Law Injunction Application / Interlocutory Order Following Previous Injunction; Joinder of New Respondents

Legal Issues

  1. 1 ['Whether injunctive relief should be extended to further picketing activities by identified and unidentified persons not at the suit of the respondent union' 'Whether joinder of individuals identified by photographs as respondents is appropriate']

Ratio Decidendi

The applicant established a sufficient basis to extend injunctive relief against individuals engaging in continued picketing—whether identified by name or photograph—since the conduct remains similar in nature and intention to previous activities, thereby justifying the orders sought.

Court Disposition

Interlocutory injunction extended to further named and photographed respondents; amendments to proceedings permitted; matter adjourned for further directions.

Orders

  • ['Leave granted to applicant to join additional named respondents and those identified by photograph as respondents.' 'Applicants allowed to amend the application to reflect new parties.' 'Second to ninth, and eighteenth and nineteenth respondents restrained until 4.00pm 27 October 2000 from picketing and related...