Conway v Fernandez [2018] FCA 1949

FEDERAL COURT OF AUSTRALIA

Conway v Fernandez [2018] FCA 1949 File number: VID 1536 of 2018

Judge: WHEELAHAN J

Date of judgment: 4 December 2018

Catchwords: INDUSTRIAL LAW – application for interlocutory relief under s 164 of the Fair Work (Registered Organisations) Act 2009 (Cth) – whether Union Rules observed – procedural fairness – relief granted.

Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) s 164

Cases cited: Australian Workers Union v Bowen (No 2) (1948) 77 CLR 601 Conquo v Jackson [2009] FCA 45 McGhee v Sanders (No 2) (1991) 32 FCR 397

Date of hearing: 3 December 2018

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment and Industrial Relations

Category: Catchwords

Number of paragraphs: 37

Counsel for the Applicant: Mr C. Dowling SC and Mr Y. Bakri

Solicitor for the Applicant: Davies Lawyers Pty Ltd

Counsel for the First Respondent: Mr A Slevin

Solicitor for the First Respondent: Segelov Taylor

ORDERS VID 1536 of 2018

BETWEEN: PAUL CONWAY Applicant

AND: PATRICIA FERNANDEZ First Respondent

GRAHAM SMITH Second Respondent

MATT JOURNEAX (and others named in the Schedule) Third Respondent

JUDGE: WHEELAHAN J DATE OF ORDER: 4 DECEMBER 2018

THE COURT ORDERS THAT:

1. Upon the applicant giving the usual undertaking as to damages, and pursuant to s164(4) of the Fair Work (Registered Organisations) Act 2009 (Cth), until the hearing and determination of this proceeding or further order, the respondents be enjoined from proceeding to hear and determine the charges contained in the summons sent to the applicant on 20 November 2018. 2. There be liberty to any party to apply on 3 days' notice to have the proceeding listed for an interlocutory hearing. 3. The proceeding be listed for case management on 18 December 2018 at 10.15 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.