Federal Court of Australia
CATCHWORDS Trade Practices Act 1974 - Restrictive Trade Practices - secondary boycott - application pursuant to ss.45D(1A) and
45E(1)(a) and (c) of the Trade Practices Act 1974 - Union imposed ban preventing delivery of stock to the employer of
Union members by certain carriers.
Conciliation & Arbitration Act 1904 - effect of an agreement
pursuant to s.88DC of that Act where not all affected parties
notified of the proceedings.
Whether conduct had the purpose of preventing or substantially hindering a third person from engaging in trade or commerce among the States s.45D(1A) - whether a contract, arrangement or understanding contained a provision that had the purpose of preventing or hindering a party thereto from acquiring services from a second person (s.45E(1)(a), or from persons from whom they had previously acquired such goods or services except subject to a condition not previously
applicable to such acquisition (s.45E(1)(c).
Trade Practices Act 1974 ss.4F(a), 45D(1A), 45E(1)(a) and (c)
Conciliation & Arbitration Act 1904 ss.27, 28, 88DA, 88DB,
88DC, 88DE, 88DF, 88DG.
LAWRENCE NOEL GIBBINS & ORS. v. THE AUSTRALIAN MEAT INDUSTRY
EMPLOYEES UNION & ORS.
VG No. 99 of 1985
25 June 1986
Smithers J.
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 99 of 1985
GENERAL DIVISION
BETWEEN: LAWRENCE NOEL GIBBINS, MARLENE JUNE GIBBINS and DALE STEHR BAKER
(Applicants)
AND: THE AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION, ARTHUR BIRD, JOHN KENNETH BRUNT, WALTER F. CURRAN, BERT HUTCHINS, JACK O'TOOLE and THOMAS BORTHWICK AND SONS (PACIFIC) LIMITED
(Respondents)
Judge Making Order: Smithers J.
Date of Order: 25 June 1986
Where Made: Melbourne
MINUTE OF ORDER
THE COURT FINDS THAT:
1.1 On 11 September 1980 the respondent Thomas Borthwick & Sons (Pacific) Limited, (Borthwicks) being accustomed to acquire services from certain carriers including the applicants Gibbins in and about the carriage of
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