Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2017] FCA 565 File number: QUD 755 of 2016
Judge: COLLIER J
Date of judgment: 23 May 2017
Catchwords: PRACTICE AND PROCEDURE – application to vacate interlocutory injunction – relevant principles – evidence supporting application – resolution of underlying dispute – balance of convenience
Legislation: Fair Work Act 2009 (Cth) s 417 Federal Court Rules 2011 (Cth) rr 39.04, 39.05
Cases cited: Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2016] FCA 1305 De L v Director-General, NSW Department of Community Services (No 2) (1997) 190 CLR 207 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 1225 Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 403; (2011) 206 IR 320 Patel v Minister for Immigration and Citizenship (No 4) [2012] FCA 1170; (2012) 208 FCR 128 United Motor Search Pty Ltd v Hanson Construction Materials Pty Ltd (No 2) [2014] FCA 277 Western Suburbs Electrical Supplies Pty Limited v Russell Electrical Services Pty Ltd (1994) 52 FCR 194
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