Melbourne University Student Union Inc v National Union of Students Inc [2002] FCA 493

FEDERAL COURT OF AUSTRALIA

Melbourne University Student Union Inc v National Union of Students Inc [2002] FCA 493 PRACTICE AND PROCEDURE – interlocutory application pursuant to s 49 of the Associations Incorporation Act 1991 (ACT) – injunction sought restraining National Union of Students from convening Special State Conference of Victorian Branch – injunction sought restraining union from electing officers of Victorian State Branch – whether serious question to be tried – whether conduct by union beyond power – whether breach of constitution and regulations of union – balance of convenience – prejudice to applicants if injunctions refused – where elected officers may subsequently be held to have been invalidly appointed – whether elected officers might implement policies or make decisions which were irreversible – prejudice to respondents if injunctions granted – where presently no functioning Victorian State Branch of union.

Associations Incorporation Act 1991 (ACT): s 49 MELBOURNE UNIVERSITY STUDENT UNION INCORPORATED & ORS v NATIONAL UNION OF STUDENTS INCORPORATED & ORS V 37 of 2002 GOLDBERG J 10 APRIL 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 37 of 2002

BETWEEN: MELBOURNE UNIVERSITY STUDENT UNION INCORPORATED and

OTHERS (according to the attached Schedule)

Applicants

AND: NATIONAL UNION OF STUDENTS INCORPORATED

and

OTHERS (according to the attached Schedule)

Respondents JUDGE: GOLDBERG J

DATE OF ORDER: 10 APRIL 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion filed on 4 April 2002 is dismissed. 2. The costs of the motion are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules