Federal Court of Australia
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4. 5 ) CATCHWORDS
Constitutional law - corporations and industrial powers - whether s. 45D of the Trade Practices Act 1974 invalid in so far as it purports to apply to the conduct of industrial organizations engaged in for the purposes of pursuing an industrial claim - whether the corporations power, read in conjunction with the industrial power, extends to authorizing legislation prohibiting conduct bv organizations which has the effect of, or is likely to have the effect of, causing loss or damage to the business of a corporation.
The Constitution, ss. 51(xx), 5l(xxxv). 122
Judiciary Act 1903, ss. 78A, 78B
Conciliation and Arbitration Ack 1904
Trade Practices Act 1974. ss. 6. 45D
Trade Practices (restrictive) - existence of purpose of damacind corporation's business - whether look only at ultimate purpose - conduct related to claim for introduction of "tally svstem" - whether good defence - persons acting "in concert with each other" - whether mental support enough - relevance or law of conspiracy - whether enough to show defence existed at inception
of proceedings - whether former employees are "emplovees" under s. 45D(3) of Trade Practices Act 1974.
Trade Practices Act 1974. ss. 4, 45D, 75B. 80
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2. AUSTRALASTAN MEAT INDUSTRY EMPLOYEES MUDGINBERRI_ STATION PLY LIMITED
N.S.W. No. G193 of 1985
Coram: Keely, Sheppard and Pincus JJ. Date : 10 September 1985
Place: Sydney
UNION
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IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRIST REGISTRY N.S.W. No. G193 of 1985
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GENERAL DIVISTON
BETWEEN :
AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION & ORS.
Appellants AND: ' MUDGINBERRI STATION PTY LIMITED Respondents
MINUTES OF ORDER
JUDGES MAKING ORDER: KEELY,. SHEPPARD and PINCUS JJ.
'DATE OF_ ORDER : 10 SEPTEMBER 1985
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