Transport Workers Union of Australia & Ors v Lee, Graham Meyrick [1998] FCA 173

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Anti-suit injunction - Application for injunction to stay proceedings of Queensland Industrial Magistrates' Court - Whether interests of justice require grant of injunction - Serious issue to be tried - Whether all issues in dispute can be tried - Inconvenience and duplication of having proceedings in Federal Court where may have to then proceed in Magistrates' Court - Comity between courts within Australian jurisdiction - Whether purpose of Federal Court application was unconscientious - Potential prejudice of delay of Queensland proceedings - Whether applicants applied for a stay in Queensland proceedings - Effect of different rights of appeal - Whether appropriate to deal with rights arising under a Federal Act in a Federal court. INDUSTRIAL LAW - Protected action - Whether sole purpose of the action is to advance or support claims made in respect of the proposed certified agreement - Whether has to be the sole purpose or real, substantial, dominant or ultimate purpose is sufficient. Workplace Relations Act 1996 (Cth) ss 170ML 170MT, 422 Workplace Relations Act 1997 (Qld) ss 61, 258 Transport Workers Award 1983 FH Transport Pty Ltd v Transport Workers Union of Australia (1997) 145 ALR 366, considered Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152, applied CSR Ltd v Cigna Insurance Australia Ltd (1997) 71 ALJR 1143, distinguished TRANSPORT WORKERS UNION OF AUSTRALIA v LEE VG 36 of 1998 JUDGE: NORTH J PLACE: MELBOURNE DATE: 11 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY Vg 36 of 1998

BETWEEN TRANSPORT WORKERS' UNION OF AUSTRALIA

First Applicant

THOMAS JAMES BAXTER

Second Applicant

ALLAN CLIFFORD SWINTON