Toll Transport Pty Ltd & Ors v Erikson

In *Toll Transport Pty Ltd & Ors v Erikson*, the applicants sought injunctive relief from the Federal Circuit Court of Australia. The dispute arose from the respondent's alleged failure to return company uniforms and property upon the termination of their employment, which the applicants contended constituted a contravention of section 50 of the *Fair Work Act 2009* (Cth). Additionally, the applicants alleged that the respondent committed the tort of injurious falsehood by posting video footage on social media, seeking interlocutory orders to restrain this conduct.

The court was required to determine whether the applicants had established a prima facie case for both the contravention of the *Fair Work Act* and the tort of injurious falsehood. Furthermore, the court had to assess whether the balance of convenience favoured the granting of interim injunctive relief under section 545(2) of the *Fair Work Act* and interlocutory orders under section 18 of the *Federal Circuit Court Act 1999* (Cth).

Applying the principles outlined in *Australian Broadcasting Corporation v O’Neill*, the court considered two main inquiries. Firstly, whether the applicants had demonstrated a sufficient likelihood of success to justify preserving the status quo pending trial, meaning they had established a prima facie case. Secondly, the court weighed the potential inconvenience or injury to the applicants if the injunction were refused against the injury the respondent would suffer if it were granted. The court found that the applicants had satisfied the first inquiry by establishing a prima facie case for both the contravention of the *Fair Work Act* and the tort of injurious falsehood.

Consequently, the court ordered that an interim injunction be made under section 545(2) of the *Fair Work Act*, requiring the respondent to return the applicants' uniforms and property. The court also made interlocutory orders under section 18 of the *Federal Circuit Court Act*, restraining the respondent from engaging in specified conduct related to the injurious falsehood claim, as the balance of convenience favoured granting such relief.