Conquo v Jackson

[2009] FCA 45

FEDERAL COURT OF AUSTRALIA

Conquo v Jackson [2009] FCA 45

CORRIGENDUM

DONNA MARGUERITE CONQUO v JEFF JACKSON

VID 33 of 2009

SUNDBERG J
5 FEBRUARY 2009 (CORRIGENDUM 5 FEBRUARY 2009)
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 33 of 2009

BETWEEN:	DONNA MARGUERITE CONQUO Applicant
AND:	JEFF JACKSON Respondent

JUDGE:	SUNDBERG J
DATE OF ORDER:	5 FEBRUARY 2009
WHERE MADE:	MELBOURNE

CORRIGENDUM

1.   On page 6 paragraph 20 of the Reasons for Judgment, delete the words “present at the meeting” in the second sentence.

I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Sundberg.

Associate:

Dated:        5 February 2009

FEDERAL COURT OF AUSTRALIA

Conquo v Jackson [2009] FCA 45

DONNA MARGUERITE CONQUO v JEFF JACKSON

VID 33 of 2009

SUNDBERG J
5 FEBRUARY 2009
MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 33 of 2009

BETWEEN:	DONNA MARGUERITE CONQUO Applicant
AND:	JEFF JACKSON Respondent

JUDGE:	SUNDBERG J
DATE OF ORDER:	5 FEBRUARY 2009
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

Until the final determination of the proceeding or further order the respondent perform and observe the rules of the Health Services Union (the rules):

(a)by ceasing and refraining, by himself, his servants or agents, from obstructing, hindering or in any other way preventing Pitcher Partners, auditors, from carrying out an examination and preparing a report on any irregularities in the financial affairs of the Victoria No 1 Branch (the Branch) of the Health Services Union in accordance with the resolutions of the Branch Committee of the Branch made on 7 January 2009 (the resolutions), and

(b)by providing to Pitcher Partners full access to the records of the Branch in accordance with the resolutions.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	VID 33 of 2009

BETWEEN:	DONNA MARGUERITE CONQUO Applicant
AND:	JEFF JACKSON Respondent

JUDGE:	SUNDBERG J
DATE:	5 FEBRUARY 2009
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

BACKGROUND

1. On 20 January 2009 the applicant obtained an order that the respondent show cause why orders under s 164 of Schedule 1 of the Workplace Relations Act1996 (the Act) should not be made for the performance by him of the rules of the Health Services Union (Union). The proceeding relates to resolutions passed by the Branch Committee of the Victoria No 1 Branch that there be an independent investigation into allegations regarding misuse of Branch funds. The respondent, who is Secretary of the Branch, has declined to co‑operate with the investigation. The applicant is the Junior Vice‑President of the Branch.

2. The central events leading up to the proceeding are as follows. On 19 December 2008, Sonya McCormack, the Senior Vice‑President of the Branch, acting as President because of the suspension of the President, Pauline Fegan, called a…