National Union of Workers v Davids Distribution Pty Ltd [1998] FCA 1687

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 382 of 1998

BETWEEN: NATIONAL UNION OF WORKERS

APPLICANT

AND: DAVIDS DISTRIBUTION PTY LTD

RESPONDENT

JUDGE(S): NORTH J

DATE OF ORDER: 7 DECEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application made in paragraphs 1 to 3 of the motion, notice of which was filed by the applicant on 2 December 1998 and amended on 7 December 1998, is dismissed. 2. The trial is adjourned to a date to be fixed. 3. The Court makes the following directions: (i) the time for the completion of discovery by the applicant is extended until 4 pm on 14 December 1998; (ii) leave to the respondent to file and serve an amended defence by 4 pm on 18 December 1998; (iii) the parties are to file and serve any notice of objection to the affidavits to be relied upon by the opposite party, together with grounds therefor, by 4 pm on 18 December 1998; (iv) the applicant to file and serve any affidavit in reply by 4 pm on 22 January 1998, and the respondent to file and serve any notice of objection to that affidavit, together with the grounds therefor, by 4 pm on 28 January 1999; (v) the applicant to file and serve contentions of fact and law by 4 pm on 5 February 1999; (vi) the respondent to file and serve its contentions of fact and law by 4 pm on 15 February 1999; (vii) by 4 pm on 17 February 1999, the parties are to agree on an estimate of the time to be taken by the trial of this action and advise the Court of such agreement. In default of such agreement, each party is to advise the Court in writing of its estimate of the likely duration of the trial by the said date; (viii) the return of the subpoena directed by the respondent to the Construction, Forestry, Mining and Energy Union is adjourned to a date to be fixed.