CPSU, Community & Public Sector Union v Telstra Corporation Limited (No 2) [2000] FCA 872

FEDERAL COURT OF AUSTRALIA

CPSU, The Community and Public Sector Union v Telstra

Corporation Limited (No 2) [2000] FCA 872

PRACTICE AND PROCEDURE – judgments and orders – judgment not entered – discretion to recall WORDS AND PHRASES – "threaten"

Workplace Relations Act 1996 (Cth) s 298K Federal Court Rules O 35 r 7(1) Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 cited Gietzelt v Craig-Williams Pty Ltd (No 1) (1959) 1 FLR 456 referred to Gietzelt v Craig-Williams Pty Ltd (No 2) (1959) 1 FLR 465 doubted Smith v New South Wales Bar Association (1992) 176 CLR 256 cited State Rail Authority of New South Wales v Codelfa Construction (No 2) (1982) 150 CLR 29 cited Wood v Bowron (1866) LR 2 QB 210 cited CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA) v TELSTRA CORPORATION LIMITED V 194 of 2000 JUDGE: FINKELSTEIN J PLACE: MELBOURNE DATE: 27 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 194 of 2000

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA)

Applicants

AND: TELSTRA CORPORATION LIMITED

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 27 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT the motion be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA