Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Victoria v Australian Education Union [2013] FCA 72 Citation: State of Victoria v Australian Education Union [2013] FCA 72
Parties: STATE OF VICTORIA v AUSTRALIAN EDUCATION UNION and THE CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION
File number: VID 57 of 2013
Judge: JESSUP J
Date of judgment: 13 February 2013
Catchwords: PRACTICE AND PROCEDURE – application to restrain respondents' members from undertaking proposed industrial action – delay by applicant in bringing application – whether applicant has established a prima facie case – whether applicant able to establish equity for interlocutory restraint – whether balance of convenience favours granting of interlocutory restraint
Legislation: Acts Interpretation Act 1901 (Cth) s 15A Fair Work Act 2009 (Cth) ss 3, 30B, 30D, 30H, 38, 407, 408, 409, 414, 415, 443 Fair Work (Commonwealth Powers) Act 2009 (Vic) ss 4, 5 The Constitution s 51(xxxvii)
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Re Australian Education Union (1995) 184 CLR 188 Transport Workers' Union v Lee (1998) 84 FCR 60
Date of hearing: 7 February 2013
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 24
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