Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243 Citation: Asmar, in the matter of an election for an office in the Victorian No 1 Branch of the Health Services Union (No 2) [2012] FCA 1243
Parties: DIANA ASMAR
File number: VID 829 of 2012
Judge: TRACEY J
Date of judgment: 9 November 2012
Catchwords: INDUSTRIAL LAW – Application for an order restraining registered organisation from taking any further steps in the conduct of elections – whether serious question to be tried – whether balance of convenience satisfied – application granted
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth), s 204 Industrial Relations Act 1988 (Cth), s 221
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – cited Lancaster v Municipal Officers' Association (1980) 22 AILR 452 – cited Smith v Operative Painters and Decorators' Union of Australia, Western Australian Branch (1992) 44 IR 357 - considered
Date of hearing: 26 October 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr M Irving
Solicitor for the Applicant: Holding Redlich
Counsel for the Returning Officer: Mr P Gray SC
Solicitor for the Returning Officer: Australian Government Solicitor
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