Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth Bank of Australia v Finance Sector Union of Australia [2003] FCAFC 212
PRACTICE AND PROCEDURE – leave to appeal – whether to stay enforcement of award proceeding pending determination of an application to vary the award – whether trial of a separate question in form proposed by the respondent should proceed – prospect of application to vary the award being heard by the Australian Industrial Relations Commission - whether substantial injustice if leave were refused Workplace Relations Act 1996 (Cth) s178 In re the Will of F B Gilbert (dec) [1946] 46 SR (NSW) 318, referred to
Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170, referred to
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, referred to
Community & Public Sector Union v Crown in Right of Victoria (1999) 90 IR 16, referred to COMMONWEALTH BANK OF AUSTRALIA v FINANCE SECTOR UNION OF AUSTRALIA AND JOSEPH ADAMS N1068 OF 2000 WILCOX, MARSHALL AND MERKEL JJ 22 AUGUST 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1068 OF 2000
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA
APPLICANT
AND: FINANCE SECTOR UNION OF AUSTRALIA
FIRST RESPONDENT
JOSEPH ADAMS
SECOND RESPONDENT
JUDGES: WILCOX, MARSHALL AND MERKEL JJ
DATE OF ORDER: 22 AUGUST 2003
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The applications for leave to appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1068 OF 2000
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA
APPLICANT
AND: FINANCE SECTOR UNION OF AUSTRALIA
FIRST RESPONDENT
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