Lawrence, J.L. v Porter & Ors [1987] FCA 244

Q44

CATCHWORDS

INDUSTRIAL LAW - Mandatory injunction - Rule change empowering Council of Association to affiliate with ACTU - Rule change allegedly passed in non-compliance with mandatory procedural requirements - Alleged non-compliance of Rule with section 140(1)(c) of Conciliation and Arbitration Act 1904 - Alleged non-compliance of affiliation resolution with requirements of Rules - Strong case for invalidity of failure to comply with procedural requirements - Mandatory injunction to preserve status quo - No continuing obligation - Balance of convenience

favouring grant of mandatory injunction.

Conciliation and Arbitration Act 1904 ss.140, 141

NSW I.19 of 1987

IN THE MATTER of the Conciliation and Arbitration Act, 1904.

AND IN THE MATTER of an Application under Sections 140 and 141 of the Act.

JOHN LOCKWOOD LAWRENCE v_ PORTER & ORS, SWANCOTT & ORS and THE

AUSTRALIAN JOURNALISTS ASSOCIATION

French J Sydney 18 May 1987

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. NSW 1.19 of 1987

meer ee ee

INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an

Application under Sections 140 and 141 of the Act

BETWEEN: JOHN LOCKWOOD LAWRENCE

Applicant

AND: PORTER AND OTHERS

First to Twelfth Respondents

SWANCOTT AND OTHERS

Thirteenth to Fifty Second Respondents

THE AUSTRALIAN JOURNALISTS ASSOCIATION

Fifty Third Respondent

CORAM: FRENCH J PLACE: SYDNEY DATE: 18 MAY 1987

MINUTES OF ORDER

THE COURT ORDERS THAT:

The Federal Secretary, being the Fourth named Respondent herein, forthwith send an urgent telegram on behalf of the Australian Journalists Association to the Secretary of the Australian Council of Trade Unions ("ACTU") in the following terms:

"On behalf of the Australian Journalists

Association I hereby withdraw the application

for affiliation to the ACTU made in my letter