Quickenden v Federated Australian University Staff Association

[1988] FCA 365

I

L

IN THE FEDERAL COURT

OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION	NO. WA 1 of 1988
B E T W E E N :	TERENCE IVAN QUICKENDEN

Applicant

and

FEDERATED AUSTRALIAN UNIVERSITY

STAFF ASSOCIATION

First Respondent

and

JOHN RHYS FOX,	RALPH FREDERICK
HALL, DIANE ZETLIN,	LESLEY RUTH
JOHNSON, GARY	MICHAEL WICKHAM,
JOHN RASPIN	PANTER and BRIAN
MCINNES

Second Respondents

CORAM:  FRENCH J.

20 JUNE 1988

EX TEMPORE REASONS FOR JUDGMENT

ON EX PARTE APPLICATION FOR INTERIM ORDER

In my opinion, for present purposes, the applicant shows an arguable, although not particularly strong, case for the orders that he seeks. The criteria by which I must judge whether or not to grant interlocutory relief are well established: there must be shown a serious question to be tried, and it must be shown that the balance of convenience favours the applicant for the grant of relief.

relief is substantial, then the strength of the case needed to

Those two criteria are not independent. Where the

inconvenience that might arise in the absence of interlocutory

justify the grant of that relief may be somewhat less than in a case where the balance of convenience is more evenly disposed. Having regard to the potential importance of the changes to conditions of academic staff which could be effected as a result

of the revisions to the draft agreement, I am of the view that a

short term restraint is justified in order to enable both parties to appear before this Court and properly argue either or both the question of the extension of the interlocutory relief and the show cause order.

It seems to me, however, that the nature of the case is

one which requires urgent action on the part of the applicant to

notify the respondents of the proceedings in this Court, and he

will have to justify to the Court any failure to effect service

before an extension of the interlocutory relief will be granted

beyond 2.15 tomorrow afternoon.

what I propose to do is to make an order In terms of the minute, inserting "21st day of June 1988 at 2.15 pm" as the return

date of the order. In relation to the injunction, it wlll be in

the terms of the minute, with this amendment, that It will

restrain the respondents, and each of them, "until 2.15 pm on 21

June 1988, or until further order".

I shall make the following directions:-

1.    The applicant is to notify the respondents immediately by telegram or telex of the terms of the order and is to deliver a copy of the order and supporting materlals to

.

the respondents as soon as possible;

2.    The matter will be relisted for 2.15 pm on 21 June 1988 to consider whether the injunction should be extended.

I certify that this and the preceding

two (2) pages are a true copy of the
Ex tempore Reasons for Judgment of his
Honour Justice French.

Associate: *

Date:  5- IOiSt

Counsel and Solicitor for the Applicant: M r P. Gethin

Date of Hearing:  20 June 1988

Date of Judgment: 20 June 1988