Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 436

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 436 Citation: Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 436

Parties: MARITIME UNION OF AUSTRALIA and MARK ANTHONY JOHNSTON v DP WORLD MELBOURNE LIMITED

File number: VID 74 of 2014

Judge: NORTH J

Date of judgment: 4 April 2014

Date of hearing: 1 April 2014

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 15

Counsel for the Applicants: Mr S Moore

Solicitor for the Applicants: Maurice Blackburn Lawyers

Counsel for the Respondent: Mr R O'Neill

Solicitor for the Respondent: Seyfarth Shaw Australia

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 74 of 2014

BETWEEN: MARITIME UNION OF AUSTRALIA

First Applicant

MARK ANTHONY JOHNSTON

Second Applicant

AND: DP WORLD MELBOURNE LIMITED

Respondent

JUDGE: NORTH J DATE OF ORDER: 4 APRIL 2014 WHERE MADE: MELBOURNE

UPON THE RESPONDENT by its counsel undertaking, until the hearing and determination of the Application, or further order, to make payments to the Second Applicant in amounts and at intervals equivalent to the wages that would otherwise have been paid to him had he not been dismissed from his employment. THE COURT ORDERS THAT: 1. Order 1 of the interlocutory orders made on 18 February 2014 be discharged. 2. The Second Applicant be released from the undertakings (d) and (f) given by him to the Court on 18 February 2014. 3. The Applicant file and serve a Statement of Claim by 22 April 2014. 4. The Respondent file and serve a Defence by 2 May 2014. 5. The Applicants and the Respondent give standard discovery by 9 May 2014. 6. On or before 16 May 2014, the Applicants file and serve a brief outline of evidence for each witness they intend to call to give evidence at trial. 7. On or before 23 May 2014, the Respondent file and serve a brief outline of evidence for each witness it intend to call to give evidence at trial. 8. The proceeding be listed for trial for 2 weeks commencing on 23 June 2014. 9. There be no orders as to costs. 10. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.