McJannet, V.J. v White, H

[1992] FCA 437

4-33 192

JUDGMENT NO. a. n....rrr

IN THE FEDERAL COURT OF AUSTRALIA	)
QUEENSLAND DISTRICT REGISTRY	) No. Q1 4 of 1992
INDUSTRIAL DIVISION	)

BETWEEN:  VICTORIA JANE McJANNET

First Applicant

AND :  CHARLES HENRY LIVINGSTONE

Second Applicant

AND :  MEDIA. ENTERTAINMENT AND ARTS ALLIANCE
a reqistered industrial organisation of
employees pursuant to the Industrial
Relations Act 1988

Third Applicant

AND:  HERBERT WHITE, ARTHUR WESTBROOK, JAMES
BEATTIE, MACOUARIE HAYWARD, WILLIAM MORRIS
and EDWARD EASTERN

First Respondents

AND :  QUEENSLAND BRANCH OF THE AUSTRALIAN
THEATRICAL & AMUSEMENT UNION OF EMPLOYEES

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER:  Spender J .

DATE OF ORDER:	5 June 1992
WHERE MADE:	Brisbane
THE COURT GRANTS LEAVE:

1.    To the applicant to read and file the application.

2.    To the applicant to read and file the affidavit of

T. A. Allingham.

Note:  Applicant undertakes to pay full filing fees.

3.    To the respondent to read and file the affidavit of J. W. Beattie.

4.    To Mr D. Hall to intervene as counsel for the Australian Workers' Union of Employees Queensland.

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

THE COURT DIRECTS THAT:

5.    Any further affidavit material for the applicants to be filed and served by 4 p.m. 15 June 1992.

6 .    Any further affidavit material for the respondents to be filed and served by 4 p.m. 26 June 1992.

7 . Registrar to set the matter down for interlocutory
hearing for three days, after consultation with the
solicitors for the parties, including the
intervener, as to the availability of counsel.

THE COURT ORDERS THAT:

8. Costs be reserved.

NOTE

IN THE FEDERAL COURT OF AUSTRALIA	)
PUEENSLAND DISTRICT REGISTRY	) No. Q1 4 of 1992
INDUSTRIAL DIVISION	)

BETWEEN: VICTORIA JANE McJANNET

First Applicant

AND: CHARLES HENRY LIVINGSTONE

Second Applicant

AND: MEDIA. ENTERTAINMENT AND ARTS ALLIANCE

a registered industrial organisation of
employees pursuant to the Industrial

Relations Act 1988

Third Applicant

AND:  HERBERT WHITE, ARTHUR WESTBROOK, JAMES
BEATTIE, MACOUARIE HAYWARD, WILLIAM MORRIS
and EDWARD EASTERN

First Respondents

AND: QUEENSLAND BRANCH OF THE AUSTRALIAN

THEATRICAL & AMUSEMENT UNION OF EMPLOYEES

Second Respondent

M A - : Spender J.

PLACE :	Brisbane
DATE :	5 June 1992

EX TEMPORE REASONS FOR JUDGMENT

It is plain from the submissions that I have heard that matter. I have to be brief because of the time of the evening.	very serious questions remain for decision in respect of this
I will not make any interim order. Having regard particularly to the provisions of s . 13.60 of the Industrial Relations Act 1990 (Qld) it seems to me that the balance of convenience at this stage is against the making of any orders of an interim kind, and the preferable course is to give directions, the effect of which will be that, in a slightly less pressured time frame, the matter of what interlocutory orders are appropriate can be calmly and carefully considered.
If at that time interlocutory orders, the effect of which would be to bring the ballot process the subject of Commissioner Edwards' orders to a halt, are considered to be appropriate, then the court would be able to mould orders having that consequence. I do not see that any overwhelming embarrassment would result if those orders have to be directed to the Registrar of the Queensland Industrial Commission.
It seems plain to me I should not make orders on an interim basis, the effect of which would be the granting of a de facto stay of the decision by Commissioner Edwards.
As to what should be done by way of setting the matter down for the hearing of the interlocutory application, I direct that any further affidavit material on which the applicants wish to rely should be filed and served by 4 p.m. on Monday, 15 June.
Any af fidavits on which the present respondents to this application wish to rely should be filed and served by 4 pm Friday, 26 June.
I will ask the Registrar to set the matter down after consulting with the solicitors for all the parties, includingthe intervener, as to the availability of counsel. Out of an abundance of caution I reserve today's costs.

I certify that the preceding two pages are a true copy of the reasons for judgment herein of the Honourable Mr Justice Spender.

Associate

Date: 5 ~ u n e &92

Counsel for the applicants	Mr L. Boccabel la
instructed by	Goss Downey Carne

Counsel for the respondents	:	Mr A. Herbert
instructed by	Dillons
Counsel for the intervener	Mr D. Hall
instructed by	C. A. Sciacca & Associates
Date of Hearing	5 June 1992.