Callaghan, B. & Ors v Federated Clerks Union of Australia & Ors [1987] FCA 210

SF

ot

NOY FOR DIS'TTRIBUTLON

IN THE FEDERAL COURT OF AUSTRALTA

QUEENSLAND DISTRICT

INDUSTRIAL DIVISION

BETWEEN :

SPENDER J.

BRISBANE 1 MAY 1987.

) ) REGISTRY ) QLD. Q13 of 1985 ) QLD. 07 of 1986 )

BERNADETTE CALLAGHAN, DAVID MAPSTONE, KEVIN BIANCHI and CHRISTOPHER WOODS

Applicants

FEDERATED CLERKS' UNION OF AUSTRALIA

First Respondent

JOHN PETER MAYNES, TERRENCE W. SULLIVAN, R.J. WASSON, JOAN RIORDAN, HENRY JAMES DARROCH, MARY EVELEEN NELSON, MICHAEL JOHN CASHMAN, MICHAEL JOHN O''SULLIVAN, MICHARL PATRICK BOURKE, JOHN DANIEL SMITH, MONICA ROSE STRANGWARD, VINCENT HIGGINS, BETTY SPEARS, KEITH GLOVER, LESLIE THOMAS HAUFF, MICHAEL JAMES WILKINSON, DOUGLAS FRY, GEOFFREY B. KILMARTIN, JAMES HARDING, PETER VINCENT ABRANS, KAREN ANDREWARTHA, HUGH ARMSTRONG, RALPH DESMOND CLARKE, PHILLIP ANTHONY COLLINS, WANDA DAY, VERONICA JONES, PATRICIA SPENCELEY,

GEOFFREY DAVID SWORDS, EDWARD TAMPLIN, PAUL TREGILLIS and DAVID WASLEY

Second Respondents

REASONS FOR JUDGMENT

- FAY 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

The Federated Clerks' Union of Australia and a number of the second respondents seek leave to appeal from an order made by Gray J. on 26 March 1987 concerning further discovery in proceedings 9.13 of 1985 and Q.7 of 1986. They seek that the

operation of the order be stayed pending the determination of

that appeal.

Those matters involve applications under ss.140 and 141

of the Conciliation and Arbitration Act 1904. In Q.13 of 1985,

the rule to show cause was made on 7 November 1985, points of contention filed on behalf of the applicants on 6 March 1986 and on behalf of the respondents for whom Dr. Jessup of counsel appears, (whom I will hereinafter refer to as "the respondents"), were filed on 6 June 1986. The Union amended its points of contention on 4 July 1986. In Q.7 of 1986, the rule to show cause was made on 22 October 1986, the points of contention of the applicants filed on 20 November 1986, and on behalf of the