Brown v Health Services Union [2012] FCA 644

FEDERAL COURT OF AUSTRALIA

Brown v Health Services Union [2012] FCA 644 Citation: Brown v Health Services Union [2012] FCA 644

Parties: CHRISTOPHER PAUL BROWN AND OTHERS NAMED IN THE SCHEDULE v HEALTH SERVICES UNION AND OTHERS NAMED IN THE SCHEDULE HSUEAST v NSW MINISTER FOR FINANCE AND SERVICES AND OTHERS NAMED IN THE SCHEDULE

File number(s): NSD 621 of 2012 NSD 735 of 2012

Judge: FLICK J

Date of judgment: 21 June 2012

Catchwords: INDUSTRIAL LAW – declaration that organisation has ceased to function effectively – no effective means under rules – scheme approved – terms and conditions of scheme – appointment of interim administrator – vacation of all offices – demerger PRACTICE AND PROCEDURE – New South Wales Industrial Court proceeding – cross vested PRACTICE AND PROCEDURE – agreed statement of facts – declarations

Legislation: Conciliation and Arbitration Act 1904 (Cth) ss 140, 171D Commonwealth Constitution s 76(ii) Companies Act 1961 (NSW) s 366 Corporations Act 2001 (Cth) s 1322 Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) s 569 Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 6, 28, 30, 142, 310, 323, 338, 351A Federal Court of Australia Act 1976 (Cth) ss 21, 23, 37M, 37N Federal Court Rules 2011 (Cth) rr 4.04, 24.15 Industrial Relations Act 1995 (NSW) ss 3, 217, 239, 290B, 290D Judiciary Act 1903 (Cth) s 79 Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) NSW Trustee and Guardian Act 2009 (NSW) s 41 Uniform Civil Procedure Rules 2005 (NSW) r 33.4 Workplace Relations Act 1996 (Cth) s 196