JUDGMENT No. #25 7 Sh IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION ~~ TS NO. WA 1 of 1988 BETWEEN: TERENCE IVAN QUICKENDEN Applicant and FEDERATED AUSTRALIAN UNIVERSITY STAFF ASSOCIATION First Respondent and JOHN RHYS FOX, RALPH FREDERICK HALL, DIANE ZETLIN, LESLEY RUTH JOHNSON, GARY MICHAEL WICKHAM, JOHN RASPIN PANTER and BRIAN McINNES Second Respondents CORAM: FRENCH J. 20 JUNE 1988 EX TEMPORE REASONS FOR JUDGMENT ON EX PARTE APPLICATION FOR INTERIM ORDER In my opinion, for present purposes, the applicant shows an arguable, although not particularly strong, case for the orders that he seeks. The criteria by which I must judge whether or not to grant interlocutory relief are well established: there must be shown a serious question to be tried, and it must be shown that the balance of convenience favours the applicant for the grant of relief. _ Those two criteria are not independent. Where the inconvenience that might arise in the absence of interlocutory relief is substantial, then the strength of the case needed to justify the grant of that relief may be somewhat less than in a case where the balance of convenience is more evenly disposed. Having regard to the potential importance of the changes' to conditions of academic staff which could be effected as a result of the revisions to the draft agreement, I am of the view that a short term restraint is justified in order to enable both parties to appear before this Court and properly argue either or both the question of the extension of the interlocutory relief and the show cause order. It seems to me, however, that the nature of the case is one which requires urgent action on the part of the applicant to notify the respondents of the proceedings in this Court, and he will have to justify to the Court any failure to effect service before an extension of the interlocutory relief will be granted beyond 2.15 tomorrow afternoon. What I propose to do is to make an order in terms of the minute, inserting "2ist day of June 1988 at 2.15 pm" as the return date of the order. In relation to the injunction, it will be in the terms of the minute, with this amendment, that it will restrain the respondents, and each of them, "until 2.15 pm on 21 June 1988, or until further order". I shall make the following directions:- 1. The applicant is to notify the respondents immediately by telegram or telex of the terms of the order and is to deliver a copy of the order and supporting materials to the respondents as soon as possible; 2. The matter will be relisted for 2.15 pm on 21 June 1988 to consider whether the injunction should be extended. I certify that this and the preceding two (2) pages are a true copy of the Ex tempore Reasons for Judgment of his Honour Justice French. Associate: Delrearncdkh Uyits Date: BO Gore 19488 Counsel and Solicitor for the Applicant: Mr P. Gethin Date of Hearing: 20 June 1988 Date of Judgment: 20 June 1988