Aldi Foods Pty Ltd as general partner of Aldi Stores (A Ltd Partnership) v Transport Workers Union of Australia [2017] FCA 1004

FEDERAL COURT OF AUSTRALIA

Aldi Foods Pty Ltd as general partner of Aldi Stores (A Ltd Partnership) v Transport Workers Union of Australia [2017] FCA 1004 File number: NSD 1441 of 2017

Judge: PERRAM J

Date of judgment: 23 August 2017

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunctive relief – whether arguable case – whether balance of convenience favours granting of injunctions

Legislation: Constitution ss 51(v), 51(xx) Competition and Consumer Act 2010 (Cth) ss 5, 6, 6(3A)(a)(i), 6(3A)(a)(ii), 31, 34, 45D, sch 2, Australian Consumer Law, s 18

Cases cited: Concrete Constructions (NSW) Pty Ltd v Nelson [1990] HCA 17; (1990) 169 CLR 594

Date of hearing: 23 August 2017

Registry: New South Wales

Division: General Division

National Practice Area: Employment and Industrial Relations

Category: Catchwords

Number of paragraphs: 34

Counsel for the Applicant: Mr B Cross with Ms A Perigo

Solicitor for the Applicant: Enterprise Law

Counsel for the First Respondent: Mr M Gibian

Solicitor for the First Respondent Transport Workers Union of Australia, Legal Counsel for the Second Respondent: Mr W Friend QC

Table of Corrections

28 August 2017 In [2], the word 'Minchinbury's' has been replaced with 'Minchinbury'. In [6], final bullet point, the acronym 'TWV' has been replaced with 'TWU'. In [28], the words 'the TWU' have been replaced with 'Aldi'. In [34], the word 'punitive' has been replaced with 'putative'.