Douglas v St John of God Health Care Inc [2000] FCA 535

FEDERAL COURT OF AUSTRALIA

Douglas v St John of God Health Care Inc [2000] FCA 535 BRETT DOUGLAS & HEALTH SERVICES UNION OF AUSTRALIA v SAINT JOHN OF GOD HEALTH CARE INCORPORATED V 229 of 2000 JUDGE: FINKELSTEIN J DATE: 19 APRIL 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 229 of 2000

BETWEEN: BRETT DOUGLAS and Anor

Applicants

AND: SAINT JOHN OF GOD HEALTH CARE INCORPORATED

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 19 APRIL 2000

WHERE MADE: MELBOURNE

UPON the second applicant by its counsel undertaking:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and

(b) to pay the compensation referred to in (a) to the person there referred to.

THE COURT ORDERS THAT:

1. That until 4.15 pm on 28 April 2000 or further order the respondent be and it hereby is restrained from appointing anyone to the position of Medical Scientist Grade 3 (Histology/Cytology) being the position for which interviews are to be conducted on 20 April 2000. 2. Any further affidavits upon which the applicants intend to rely be filed and served by 4.30 pm on 20 April 2000. 3. Any affidavits upon which the respondent intends to rely be filed and served by 12.00 pm on 27 April 2000. 4. The application for interim relief be adjourned to 10.15 am on 28 April 2000. 5. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 229 of 2000