National Union of Workers v Davids Distribution Pty Ltd [1999] FCA 1109

FEDERAL COURT OF AUSTRALIA National Union of Workers v Davids Distribution Pty Ltd [1999] FCA 1109 JURISDICTION OF COURTS – Jurisdiction of State Supreme Court to entertain an application for orders restraining industrial action – Whether the raising of a defence under a Commonwealth statute deprives the Supreme Court of jurisdiction – Meaning of "matter arising under" an Act – Whether Federal Court has jurisdiction immediately a Commonwealth statutory defence is raised – Whether any appeal against a Supreme Court decision in such a proceeding lies to the State appellate court or the Full Court of the Federal Court – Whether Full Federal Court has exclusive jurisdiction in such a case – Competency of appeal against finding in contempt proceedings relating to non-compliance with Supreme Court's orders. Workplace Relations Act 1996, ss412, 414, 422 Judiciary Act 1903, 39B NATIONAL UNION OF WORKERS and FRANK BELAN v DAVIDS DISTRIBUTION PTY LIMITED NG1318 of 1998 WILCOX, BURCHETT and COOPER JJ SYDNEY 13 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG1318 of 1998

ON APPEAL FROM A JUDGE OF THE SUPREME COURT

OF NEW SOUTH WALES

BETWEEN: NATIONAL UNION OF WORKERS

First Appellant

FRANK BELAN

Second Appellant

AND: DAVIDS DISTRIBUTION PTY LIMITED

Respondent

JUDGES: WILCOX, BURCHETT and COOPER JJ

DATE OF ORDER: 13 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed as incompetent. 2. The appellants, National Union of Workers and Frank Belan, pay the costs of the respondent, Davids Distribution Pty Limited, in respect of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA