Kenneth Charles Mooney v Michael Wirrick, Colin O'Malley, Barry Healy, Rod Waters, Ian Jane, John Davidson, Bob Petrovski, Mark Kingsbury, Michael Sacco, Robert Carter, George Pascoe, Jim Fokianos

The case involved Kenneth Charles Mooney who applied for interim orders against several individuals who were members of the Australian Building Construction Commission Branch of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The dispute centred on allegations of misconduct and breaches of the union's constitution and rules by the respondents. The application was heard in the Federal Court of Australia.

The primary legal issue was whether interim orders should be granted to prevent the respondents from continuing in their positions within the CFMMU Branch. The court needed to consider the balance of convenience, particularly whether granting such orders would create division within the Branch. The court also had to assess whether the applicant had a prima facie case on the merits and whether the respondents would suffer irreparable harm if the orders were granted.

The court found that the applicant had demonstrated a serious question to be tried on the merits, and there was a real possibility of irreparable harm if the interim orders were not granted. The court held that the balance of convenience favoured the applicant, and the granting of the orders would not create division within the Branch. The court concluded that the applicant had satisfied the criteria for interim relief, and orders were made to prevent the respondents from holding office or participating in the affairs of the Branch until the final determination of the proceedings.

The final orders included that the respondents were restrained from holding office or participating in the affairs of the CFMMU Branch, pending the final determination of the proceedings. Additionally, the court ordered that the respondents be given notice of the application and the interim orders. The case was listed for further directions to determine the appropriate relief to be granted upon the final determination of the proceedings.