Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Queensland Alumina Limited v The Maritime Union of Australia [2009] FCA 874
INDUSTRIAL LAW – application for interlocutory relief to restrain industrial action – whether the first three respondents were knowingly concerned in the industrial action – no arguable case the second and third respondents were knowingly involved in the industrial action – first respondent then not vicariously liable – no serious question to be tried – application for interlocutory relief dismissed Fair Work Act 2009 (Cth) – ss 417, 539(2), 545(1) Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 QUEENSLAND ALUMINA LIMITED (ACN 009 725 044) v THE MARITIME UNION OF AUSTRALIA, MICHAEL CARR, TREVOR MUNDAY and ASP SHIP MANAGEMENT PTY LTD
QUD 185 of 2009
SPENDER J
28 JULY 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 185 of 2009
fair work division
BETWEEN: QUEENSLAND ALUMINA LIMITED (ACN 009 725 044)
Applicant
AND: THE MARITIME UNION OF AUSTRALIA
First Respondent
MICHAEL CARR
Second Respondent
TREVOR MUNDAY
Third Respondent
ASP SHIP MANAGEMENT PTY LTD
Fourth Respondent
JUDGE: SPENDER J
DATE OF ORDER: 28 JULY 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for interlocutory relief is dismissed. 2. The order made on 27 July 2009 as to costs is discharged. 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
QUEENSLAND DISTRICT REGISTRY QUD 185 of 2009
fair work division
BETWEEN: QUEENSLAND ALUMINA LIMITED (ACN 009 725 044)
Applicant
AND: THE MARITIME UNION OF AUSTRALIA
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