Killesteyn, in the matter of an application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers’ Federation, Queensland Branch (No 2) [2010] FCA 123

FEDERAL COURT OF AUSTRALIA

Killesteyn, in the matter of an application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers' Federation, Queensland Branch (No 2) [2010] FCA 123 Citation: Killesteyn, in the matter of an application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers' Federation, Queensland Branch (No 2) [2010] FCA 123

Parties: ED KILLESTEYN, IN THE MATTER OF AN APPLICATION FOR AN INQUIRY IN RELATION TO AN ELECTION FOR OFFICES IN THE AUSTRALIAN SALARIED MEDICAL OFFICERS' FEDERATION, QUEENSLAND BRANCH

File number: NSD 1047 of 2009

Judge: FLICK J

Date of judgment: 22 February 2010

Catchwords: INDUSTRIAL LAW –"irregularity" – vacation of hearing dates and adjournment of proceedings – transferral of proceeding to a different Registry – factors for consideration – "balance of convenience" – "proper place" for issues to be resolved Held: Proceeding transferred to the Queensland Registry of the Federal Court of Australia

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth), s 200 Federal Court of Australia Act 1976 (Cth), s 48 Workplace Relations Act 1996 (Cth), s 200 sch 1 Federal Court Rules, O 10 r 1(2)(f)

Cases cited: Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd (No 6) [2009] FCA 1465, cited Cycles & Wheelman Pty Ltd v Beltech Corporation Ltd (1988) 80 ALR 279, followed Hodder v Australian Workers' Union (1985) 4 FCR 541, cited Hoop and Javelin Holdings Ltd v BT Projects Pty Ltd [2009] FCA 1123, cited Killesteyn, in the matter of an application for an inquiry in relation to an election for offices in the Australian Salaried Medical Officers' Federation, Queensland Branch [2009] FCA 1311, cited National Mutual Holdings Pty Ltd v Sentry Corp (1988) 19 FCR 155, followed Rafferty v Time 2000 Systems Australia Pty Ltd [2008] FCA 1925, cited