Zhang v University of Canberra [2015] FCA 21

FEDERAL COURT OF AUSTRALIA

Zhang v University of Canberra [2015] FCA 21 Citation: Zhang v University of Canberra [2015] FCA 21

Parties: FELICIA ZHANG v UNIVERSITY OF CANBERRA

File number(s): NSD 57 of 2015

Judge(s): GREENWOOD J

Date of judgment: 23 January 2015

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for an interim injunction INDUSTRIAL LAW – consideration of an application for an interim injunction on the contended footing of an arguable contravention of s 50 of the Fair Work Act 2009 (Cth)

Legislation: Fair Work Act 2009 (Cth), s 50

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – cited Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 – cited

Date of hearing: 23 January 2015

Date of last submissions: 23 January 2015

Place: Canberra via video-link to Brisbane

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 7

Counsel for the Applicant: Ms H Robinson

Solicitor for the Applicant: NicholasDibb Solicitors

Counsel for the Respondent: Ms J Wyborn

Solicitor for the Respondent: Clayton Utz Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY FAIR WORK DIVISION NSD 57 of 2015

BETWEEN: FELICIA ZHANG

Applicant

AND: UNIVERSITY OF CANBERRA

Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 23 JANUARY 2015 WHERE MADE: CANBERRA VIA VIDEO-LINK TO BRISBANE

UPON the applicant giving the usual undertaking as to damages,

THE COURT ORDERS THAT:

1. The respondent is restrained from terminating the applicant's employment at any time before 4.00pm AEDT on 29 January 2015. 2. The matter be listed for interlocutory hearing on either 28 or 29 January 2015 to determine whether the restraint imposed by Order 1 should be extended for a further period. 3. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.