Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Conquo v Jackson [2009] FCA 634
PRACTICE AND PROCEDURE – Commencement of proceedings in court – Whether required to be by rule to show cause – Whether such a requirement to be implied in absence of express terms – Whether consequences of alternative construction supported implication. Conciliation and Arbitration Act 1904 (Cth) ss 109, 132H, 140, 141, 141A, 141B, 143, 150, 158U & 168 Conciliation and Arbitration Regulations 1904 (Cth) regs 70 & 138 Industrial Relations Act 1988 (Cth) ss 208, 209 & 342 Judiciary Act 1903 (Cth) s 39B(1A)(c) Workplace Relations Act 1996 (Cth) Sched 1 – ss 142, 163, 164, 164A, 322 & 324 Federal Court Rules (Cth) (1979-1995) O 4 rr 15 & 16 Federal Court Rules (Cth) (1997-present) O 1 r 4, O 48 rr 3, 5, 6, 8 & 9 Industrial Relations Court Rules (Cth) O 4 rr 15 & 16
Australian Electoral Commission v Hickson (1997) 76 IR 399 Hansch v Transport Workers Union of Australia [2000] FCA 473 DONNA MARGUERITE CONQUO v JEFF JACKSON and HEALTH SERVICES UNION
VID 267 of 2009
JESSUP J
12 JUNE 2009
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 267 of 2009
BETWEEN: DONNA MARGUERITE CONQUO
Applicant
AND: JEFF JACKSON
First Respondent
HEALTH SERVICES UNION
Second Respondent
JUDGE: JESSUP J
DATE OF ORDER: 12 JUNE 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondents' objection to the competency of the proceeding be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 267 of 2009
BETWEEN: DONNA MARGUERITE CONQUO
Applicant
AND: JEFF JACKSON
First Respondent
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