Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Health Services Union v Asmar [2024] FCA 1168 File number(s): VID 917 of 2024
Judgment of: DOWLING J
Date of judgment: 7 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory relief – whether serious question to be tried that union has ceased to function effectively and there are no effective means under the rules to enable it to function effectively – whether balance of convenience favours interlocutory relief – application for interlocutory relief granted
Legislation: Conciliation and Arbitration Act 1904 (Cth) s 171D Fair Work (Registered Organisations) Act 2009 (Cth) s 323 Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 8.2(1)(f)
Cases cited: Allen v Townsend [1977] FCA 10; 31 FLR 431 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Bradto Pty Ltd v Victoria [2006] VSCA 89; 15 VR 65 Brown and others v Health Services Union and others [2012] FCA 644; 205 FCR 548 Bullock v Federated Furnishing Trades Society of Australasia (1985) 5 FCR 464 Re Gallagher (1983) 79 FLR 26 Re Health Services Union [2009] FCA 829; 187 IR 51 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 217 FCR 238 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595; 81 IPR 339
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