Quickenden v Federated Australian University Staff Association [1988] FCA 365

Quickenden v Federated Australian University Staff Association [1988] FCA 365

Although the applicant's case was arguable but not particularly strong, the potential importance of changes to conditions of academic staff that could result from revisions to the draft agreement justified a short-term restraint so both parties could appear and argue whether interlocutory relief should be extended and the show cause order.

Jurisdiction
Australia
Judgment Date
20 June 1988
Procedural Posture
Ex Parte Application for Interim Order / Interlocutory
Outcome
Short-term interim injunction granted until 2.15 pm on 21 June 1988 or until further order, with directions for immediate notification and relisting.
Legal Topics
['interlocutory Relief' 'interim Injunction' 'ex Parte Application' 'balance of Convenience' 'serious Question to Be Tried']
['industrial Law' 'civil Procedure'] ['interlocutory Relief' 'interim Injunction' 'ex Parte Application' 'balance of Convenience' 'serious Question to Be Tried']

Case Brief

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Procedural Posture

Ex Parte Application for Interim Order / Interlocutory

Legal Issues

  1. 1 ['Whether the applicant had shown a serious question to be tried for the interlocutory relief sought.' 'Whether the balance of convenience favoured granting short-term interlocutory relief.' 'Whether urgent notification and service on the respondents was required before any extension of interlocutory relief.']

Ratio Decidendi

Although the applicant's case was arguable but not particularly strong, the potential importance of changes to conditions of academic staff that could result from revisions to the draft agreement justified a short-term restraint so both parties could appear and argue whether interlocutory relief should be extended and the show cause order.

Court Disposition

Short-term interim injunction granted until 2.15 pm on 21 June 1988 or until further order, with directions for immediate notification and relisting.

Orders

  • ['An order was to be made in terms of the minute, inserting 21 June 1988 at 2.15 pm as the return date of the order.' 'The injunction was to restrain the respondents, and each of them, until 2.15 pm on 21 June 1988, or until further order.' 'The applicant is to notify the respondents immediately by telegram or telex...