Federal Court of Australia
Federal Court of Australia
Koc v Diamond [2022] FCA 126 File number: VID 73 of 2022
Judgment of: SNADEN J
Date of judgment: 17 February 2022
Catchwords: INDUSTRIAL LAW – where applicant the holder of an office within a union – where charges brought against the applicant for "gross misbehaviour" – Branch Executive of the union passed a resolution referring the charges to the National Executive for determination – National Council of the union passed a resolution for the convening of the National Executive to hear and resolve the charges – whether Branch Executive or National Executive the appropriate body to deal with the charges PRACTICE AND PROCEDURE – application for interlocutory relief under s 164(4) of the FW(RO) Act – weak prima facie case – balance of convenience insufficient to grant the relief sought – application for interlocutory relief dismissed COSTS – whether proceeding instituted without reasonable cause – no order made
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) ss 164, 329
Cases cited: Briant v Martin [2020] FCA 1009
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 35
Date of hearing: 17 February 2022
Counsel for the Applicant: Mr H Borenstein QC and Mr Y Bakri
Solicitor for the Applicant: Davies Lawyers
Counsel for the Respondents: Mr R Reitano
Solicitor for the Respondents: Slater & Gordon Lawyers
ORDERS VID 73 of 2022
BETWEEN: TARIK KOC Applicant
AND: MARK DIAMOND First Respondent
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