Federal Court of Australia
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5b IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION Vv. No.
VICTORIA DISTRICT REGISTRY
BETWEEN:
FRANCIS KEVIN WILLIS
and NOEL BATTESE ORDER JUDGE MAKING ORDER: Northrop J. DATE: 31 May, 1979 WHERE MADE: Melbourne ORDER: The rule nisi
be discharged.
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18 of 1979.
Claimant
Respondent
dated 23 May 1979
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IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION V. No. 18 of 1979
VICTORIA DISTRICT REGISTRY
BETWEEN:
FRANCIS KEVIN WILLIS Claimant and NOEL BATTESE Respondent NORTHROP J. EX TEMPORE JUDGMENT 31 May, 1979.
In this matter the court, on 23 May 1979,
made an order calling upon the respondent to show cause
why certain orders should not be made against him under
s.141 of the Conciliation and Arbitration Act 1904.
The application is made by the claimant, Francis Kevin
Willis, who is the secretary of the South Australian branch
of the Australian Postal and Telecommunications Union, an
organization under the Conciliation and Arbitration Act 1904.
The respondent is the general president of that union.
The orders sought were to the effect that
the respondent not interfere with the running of the
South Australian branch of the union and be restrained from These
entering into the union premises at 62 Sturt Street.
were sought as directions for the compliance with the rules.
When the matter came on before the court today,
the solicitor for the claimant sought an order that the
rule to show cause be discharged and counsel for the
respondent sought an order that the claimant pay the respondent's
cost of this application.
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2.
Under s.43 of the Federal Court of Australia Act
1976 the court has jurisdiction to award costs in all proceedings before the court other than proceedings in respect of which any other act provides that costs shall not be awarded. Section 197A of the Conciliation and Arbitration Act 1904, insofar as it 1s relevant to the present application, reads as follows:
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