Skourdoumbis v Maher [2001] FCA 1922

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1093 of 2001 BETWEEN: LEO SKOURDOUMBIS

Applicant AND: TONY MAHER, JOHN SUTTON, VIC FITZGERALD,

TREVOR SMITH, ALBERT LITTLER, REG COATES, BRUCE WATSON, LINDSAY FRASER, MICHAEL O'CONNOR, CHRIS NORTHOVER, KEVIN REYNOLDS, ALEX BUKARICA, GREG WILLIAMS, BRAD PARKER, ED HARRIS, MICHAEL HARITOU, MICHAEL MITTEN, DAVE KIRNER, JIM EMERY, FRANK VARI AND JOHN MAITLAND

Respondents

JUDGE: FINKELSTEIN J DATE OF ORDER: 16 OCTOBER 2001 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondents, other than the Fifteenth, Seventeenth and Twentieth respondents, be and they hereby are restrained from passing any resolution at the meeting which purports to be an extraordinary meeting of the Divisional Conference of the FFTS

Union Division convened by notice dated 8 October 2001.

Z. The respondents, other than the Fifteenth, Seventeenth and Twentieth respondents, be and they hereby are restrained from giving effect to any resolution that may have been passed at the meeting which purports to be an extraordinary meeting of Divisional

Conference of the FFTS Union Division convened by notice dated 8 October 2001.

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 1093 of 2001 BETWEEN: LEO SKOURDOUMBIS

Applicant AND: TONY MAHER, JOHN SUTTON, VIC FITZGERALD,

TREVOR SMITH, ALBERT LITTLER, REG COATES, BRUCE WATSON, LINDSAY FRASER, MICHAEL O'CONNOR, CHRIS NORTHOVER, KEVIN REYNOLDS, ALEX BUKARICA, GREG WILLIAMS, BRAD PARKER, ED HARRIS, MICHAEL HARITOU, MICHAEL MITTEN, DAVE KIRNER, JIM EMERY, FRANK VARI AND JOHN

MAITLAND Respondents JUDGE: FINKELSTEIN J DATE: 16 OCTOBER 2001 PLACE: MELBOURNE REASONS FOR JUDGMENT

The Construction, Forestry, Mining and Energy Union is an organisation of employees registered under the Workplace Relation Act 1996 (Cth). The union is divided into a number of divisions, one of which is the FFTS Union Division. This division is divided into various Divisional Branches, including a Victorian Divisional Branch. Currently there is serious internal conflict within this branch. This proceeding is one of a number that has been commenced as a result of the conflict. A report to the National Executive Committee of the union describes the conflict as a bitter dispute between "factions" resulting from alleged financial impropriety. The report claims that the FFTS Divisional Office is "dysfunctional". The report also says that the Division has not had the service of any official