Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mortimore v Construction, Forestry, Mining and Energy Union [2010] FCA 537 Citation: Mortimore v Construction, Forestry, Mining and Energy Union
Parties: RENAE MORTIMORE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
File number(s): VID 390 of 2010
Judge: TRACEY J
Date of judgment: 24 May 2010
Catchwords: INDUSTRIAL LAW - Unions/industrial organisations – picketing of construction site by members of the Construction, Forestry, Mining and Energy Union – prima facie case established for contravention of s 38 of the Building and Construction Industry Improvement Act - balance of convenience favours interlocutory relief pursuant to ss 39(2) and 49 of the Act
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 39, 44 and 49 Fair Work Act 2009 (Cth)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Cahill v Construction, Forestry, Mining and Energy Union (No. 2) (2008) 170 FCR 357 Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No. 2) (2009) 184 IR 367
Date of hearing: 24 May 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: Mr R Dalton
Solicitor for the Applicant: Blake Dawson
Counsel for the Respondent: No appearance for the Respondent
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 390 of 2010
BETWEEN: RENAE MORTIMORE
Applicant
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