Kweifio-Okai v Australian College of Natural Medicine [2014] FCA 746

FEDERAL COURT OF AUSTRALIA

Kweifio-Okai v Australian College of Natural Medicine [2014] FCA 746 Citation: Kweifio-Okai v Australian College of Natural Medicine [2014] FCA 746

Parties: DR GEORGE KWEIFIO-OKAI v AUSTRALIAN COLLEGE OF NATURAL MEDICINE TRADING AS ENDEAVOUR COLLEGE OF NATURAL HEALTH

File number: VID 305 of 2014

Judge: TRACEY J

Date of judgment: 15 July 2014

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction

Legislation: Fair Work Act 2009 (Cth) Tertiary Education Quality and Standards Agency Act 2011 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – referred to Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 – referred to

Date of hearing: 15 July 2014

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 19

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr M Follett

Solicitor for the Respondent: Maddocks

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 305 of 2014

BETWEEN: DR GEORGE KWEIFIO-OKAI

Applicant

AND: AUSTRALIAN COLLEGE OF NATURAL MEDICINE TRADING AS ENDEAVOUR COLLEGE OF NATURAL HEALTH

Respondent

JUDGE: TRACEY J DATE OF ORDER: 15 JULY 2014 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant's application for an interlocutory injunction be refused. 2. Discovery be provided by the Applicant pursuant to Rule 20.13 of the following documents, or categories of documents: (a) all information, including contracts and payments details, relating to any work undertaken by the Applicant since May 2014. 3. Discovery be provided by the Respondent pursuant to Rule 20.13 of the following documents, or categories of documents: (a) the independent investigation report into allegations made against the Applicant; and (b) all email correspondence between the Applicant and Ms Carolyn Barker in October 2013. 4. The Applicant's and the Respondent's lists of documents be served upon the other party by 5:00 pm on 4 August 2014. THE COURT DIRECTS THAT: 5. Inspection of the documents by the parties be completed by 6 August 2014. 6. On or before 27 August 2014, the Applicant file and serve: (a) his contentions of fact and law; and (b) any further affidavit material on which he intends to rely. 7. On or before 17 September 2014, the Respondent file and serve: (a) its contentions of fact and law; and (b) any further affidavit material on which it intends to rely. 8. Pursuant to r 28.03 of the Federal Court Rules, the proceeding be referred to mediation by a Registrar of the Court. The mediation be conducted on a date not before 24 September 2014. In the event that the matter does not settle at the conclusion of the initial mediation, the Registrar conduct a case management conference immediately following the mediation to consider the most economic and efficient means of bringing the proceedings to trial and of conducting the trial, at which conference the Registrar may give further directions. The mediator is to report the result of the mediation / case management conference to the Court as soon as possible after the mediation. 9. The matter be set down for hearing on 20 October 2014 on an estimate of two days. 10. Costs reserved. 11. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.