Conquo v Jackson

Conquo and others brought proceedings against Jackson and others, seeking injunctive relief in relation to the financial affairs of the Victoria No 1 Branch of the Health Services Union. The applicants sought orders preventing the respondents from interfering with an audit of the Branch's finances. The dispute came before the Federal Court of Australia.

The court was required to determine whether it should grant the relief sought. In considering this, the court gave regard to the relevant union rules, the resolutions of the Branch Committee, and the conduct of the parties. The court noted that the applicants had standing to seek the orders, and that the resolutions of the Branch Committee were binding on all members of the Branch.

The court found that the applicants were entitled to the relief sought. The court held that the union rules and Branch Committee resolutions required the respondents to allow the audit to proceed. The court found that the conduct of the respondents in obstructing the audit was inconsistent with those rules and resolutions. The court found that the applicants would suffer irreparable harm if the relief was not granted.

The court made orders preventing the respondents from interfering with the audit of the Branch's finances. The orders required the respondents to allow Pitcher Partners, the auditors, to examine the Branch's records and prepare a report on any irregularities. The orders were to remain in place until the final determination of the proceeding or further order.