Patti v Haritou [2001] FCA 1795

FEDERAL COURT OF AUSTRALIA

Patti v Haritou [2001] FCA 1795

INDUSTRIAL LAW – Union Rules – holding of referendum – expedited hearing – interlocutory injunction Workplace Relations Act 1996 (Cth) Pt IX, Div 4, s 209(4) R v Joske; Ex parte Shop Distributive and Allied Employees' Association (1976) 135 CLR 194 - considered JOE PATTI v MICHAEL HARITOU, ALEX FINDLAY, RICK FOWLER, GREGORY WILLIAMS, EDWARD HARRIS, BRADLEY PARKER, MICHAEL MITTEN, STEPHEN ROWE, DAVID KIRNER No. V 636 of 2001 JUDGE: MERKEL J DATE: 21 NOVEMBER 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY 636 OF 2001

BETWEEN: JOE PATTI

APPLICANT

AND: MICHAEL HARITOU

FIRST RESPONDENT

ALEX FINDLAY

SECOND RESPONDENT

RICK FOWLER

THIRD RESPONDENT

GREGORY WILLIAMS

FOURTH RESPONDENT

EDWARD HARRIS

FIFTH RESPONDENT

BRADLEY PARKER

SIXTH RESPONDENT

MICHAEL MITTEN

SEVENTH RESPONDENT

STEPHEN ROWE

EIGHTH RESPONDENT

DAVID KIRNER

NINTH RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 21 NOVEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Stephen Rowe and David Kirner be added as respondents and service upon them of court documents filed to date be dispensed with. 2. The proceeding be fixed for hearing on 10 December, 2001 at Melbourne on an estimate of 1-2 days. 3. Until the hearing and determination of the proceeding or further order of the Court, the respondents be restrained from exercising any power under Rule 42 of the Rules of the Construction, Forestry, Mining and Energy Union, and in particular Rule 42(xii)(a), to agree to shorten the period therein referred to a date prior to 26 March 2005, without first giving to the applicant, through his solicitors, seven days prior written notice of the Divisional Executive's intention to agree to shorten that period. 4. Liberty be reserved to the respondents to apply, on seven days prior written notice, for the applicant to provide an undertaking as to damages in respect of the injunction granted in Order 3 above. 5. The applicant file and serve Points of Claim in respect of the claims made in the proceeding by 5.00pm on 26 November, 2001. 6. The respondents file and serve Points of Defence in response, particularising their defences to the claims made, by 5.00pm on 3 December, 2001. 7. The respondents file and serve any further affidavits upon which they seek to rely by 5.00pm on 3 December, 2001. 8. The applicant file and serve any affidavits in reply by 5.00pm on 6 December, 2001.