Federal Court of Australia
Federal Court of Australia
Qantas Airways Limited v Transport Workers' Union of Australia [2021] FCA 1136 File number(s): NSD 927 of 2021
Judgment of: PERRAM J
Date of judgment: 21 September 2021
Catchwords: PRACTICE AND PROCEDURE – application for a stay of proceedings – whether proceedings should be stayed pending the determination of the applicant's leave application – where stay of proceedings would diminish the relief available to the respondent – where proceedings are bifurcated between liability and relief
Legislation: Fair Work Act 2009 (Cth) s 340(1)(b) Federal Court Rules 2011 (Cth) r 35.13
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 Transport Workers' Union of Australia v Qantas Airways Limited (No 2) [2021] FCA 1012
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 15
Date of hearing: 20 September 2021
Counsel for the Applicant: Mr B Walker SC with Mr T Prince
Solicitor for the Applicant Herbert Smith Freehills
Counsel for the Respondent: Mr N Hutley SC with Mr M Gibian SC and Mr P Boncardo
Solicitor for the Respondent Maurice Blackburn Lawyers
ORDERS NSD 927 of 2021
BETWEEN: QANTAS AIRWAYS LIMITED (ACN 009 661 901) Applicant
AND: TRANSPORT WORKERS' UNION OF AUSTRALIA Respondent
order made by: PERRAM J DATE OF ORDER: 21 SEPTEMBER 2021
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