Federal Court of Australia
CATCHWORDS
Practice and procedure - Jurisdiction of Federal Court to deal with non-federal claim against second respondent - Industrial
law - Applicant offered employment by second respondent subject to his achieving clearance or membership of the first respondent - Declaration sought under s.144 that applicant entitled to be enrolled as member of the first respondent - Application to join second respondent as party to proceedings - Declaration sought against second respondent that applicant employed within
meaning of s.144 - Order sought to restrain second respondent from terminating employment - Question of employment of applic-— ant by second respondent central part of controversy between applicant and first respondent - Accrued jurisdiction of Federal Court considered - Formula of "common transactions and facts"
applied.
Conciliation and Arbitration Act, 1904-1983 ss.144(1), 144(3), 144(5), 144(5A), 144(6) and 144(7)
JOHN PATRICK KENNEDY v. THE AUSTRALASIAN COAL AND SHALE EMPLOYEES FEDERATION and ELCOM COLLERIES PTY. LIMITED
No. 14 of 1983
Beaumont, J. Sydney 31 October, 1983.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY
INDUSTRIAL DIVISION Wo. 14 of 1983
IN THE MATTER OF THE CONCILIATION & ARBITRATION ACT, 1904-1983
BETWEEN : JOHN PATRICK KENNEDY Applicant AND: THE AUSTRALASIAN COAL AND SHALE
EMPLOYEES FEDERATION Pirst Respondent
le
ELCOM COLLIERIES PTY. LIMITED Second Respondent
ORDER
Judge making order: Beaumont, J. Date order made: 31 October, 1983.
Where made: Sydney.
THE COURT ORDERS THAT:
1. Application of the second respondent to be dismissed from these proceedings is refused.
2. Costs reserved.
3. Fix Monday, 7 November, 1983 at 2.15 p.m. for a
further directions hearing.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY
INDUSTRIAL DIVISION No. 14 of 1983
IN THE MATTER OF THE CONCILIATION & ARBITRATION ACT, 1904-1983
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