Federal Court of Australia
Federal Court of Australia
Noonan v Kelly [2021] FCA 182 Appeal from: Kelly v Noonan [2021] FCA 146
File number(s): VID 88 of 2021
Judgment of: MORTIMER J
Date of judgment: 5 March 2021
Catchwords: INDUSTRIAL LAW –– application for interlocutory relief – applicants seek to hold meeting of organisation's national executive – construction of Construction, Forestry, Maritime, Mining and Energy Union's Rules – dispute about allocation of members between divisions of Union ADMINISTRATIVE LAW – application for leave to appeal from interlocutory orders pursuant to s 164(4) Fair Work (Registered Organisations Act 1998 (Cth) – application for stay – whether primary judgment affected by error – discretionary factors – application for stay refused – application for leave to appeal dismissed
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 94, 95A, 164(4) Federal Court of Australia Act 1976 (Cth)
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