Verner v Johnston [2000] FCA 447

FEDERAL COURT OF AUSTRALIA

Verner v Johnston [2000] FCA 447

JOHN VERNER v CRAIG JOHNSTON, DARREN NELSON, VINCE THEUMA, PAUL WISNIEWSKI, STEVE DARGAVEL, GARY ROBB, VICTOR JOSE and LINDA POPE V164 of 2000 RYAN J MELBOURNE 6 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V164 of 2000

BETWEEN: JOHN VERNER

APPLICANT

AND: CRAIG JOHNSTON

FIRST RESPONDENT

DARREN NELSON

SECOND RESPONDENT

VINCE THEUMA

THIRD RESPONDENT

PAUL WISNIEWSKI

FOURTH RESPONDENT

STEVE DARGAVEL

FIFTH RESPONDENT

GARY ROBB

SIXTH RESPONDENT

VICTOR JOSE

SEVENTH RESPONDENT

LINDA POPE

EIGHTH RESPONDENT

JUDGE: RYAN J

DATE OF ORDER: 6 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Terry Bradley and Debbie Quarrell be joined as ninth and tenth respondents in these proceedings. 2. Each of the ninth and tenth respondents be restrained until the directions hearing in this matter on 9 June, 2000 from publishing, distributing or displaying any material containing the "unofficial AMWU Eureka Southern Cross" symbol with or without the words "Putting workers first" referred to in paragraph 9 of Mr Verner's affidavit of 19 March, 2000 and contained in exhibit "JPV-5". 3. Each of the ninth and tenth respondents give to Mr Roe any material under his or her control containing the "unofficial AMWU Eureka Southern Cross" symbol with or without the words "Putting workers first" referred to in paragraph 9 of Mr Verner's affidavit of 19 March, 2000 and contained in exhibit "JPV-5" which is union property. 4. Each of the ninth and tenth respondents give to Mr Roe any copies of the "1999 Trade Manual referred to in the affidavit of Mr Dodd and exhibited as "SWD-8" of which either of them becomes aware of and over which he or she has control; 5. A copy of this order, the order of the Court made on 24 March, 2000 and each affidavit and the exhibits thereto (other than "JPV-1") filed on behalf of the applicant be served personally on the ninth respondent. 6. A copy of this order together with a copy of the order of the Court made on 24 March, 2000 and of each affidavit and the exhibits thereto (other than "JPV-1") filed on behalf of the Applicant be served on the tenth respondent by leaving it in an envelope addressed to "Debbie Quarrell" at the office of the AMWU at 43A Robinson Street, Dandenong, Victoria. 7. Upon the first to eighth respondents by their solicitors undertaking: "until the Directions Hearing in this matter on 9 June 2000: 1. not to publish, distribute or display any material containing the "unofficial AMWU Eureka Southern Cross" symbol with or without the words "Putting Workers First" referred to in paragraph 9 of Mr Verner's Affidavit of 19 March, 2000 and contained in exhibit "JPV5". 2. to give Mr Roe any such material under their direction and control which is union property, and 3. to give to Mr Roe any such material, including copies of which they become aware and over which they have control of the 1999 trade manual referred to in the affidavit of Mr Dodd and exhibited "SWD-8"; liberty be reserved to any party to apply on not less than 24 hours notice in writing to the other parties and the motion on notice dated 4 April 2000 be otherwise dismissed.