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[1988] FCA 365
Federal Court of Australia
1988-06-20
Mr P, French J
Original judgment source is linked above.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
JOHN RHYS FOX, RALPH FREDERICK HALL, DIANE ZETLIN, LESLEY RUTH JOHNSON, GARY MICHAEL WICKHAM, JOHN RASPIN PANTER and BRIAN McINNES
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
Those two criteria are not independent. Where the inconvenience that might arise in the absence of interlocutory
relief is substantial, then the strength of the case needed to
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
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
What I propose to do is to make an order in terms of the minute, inserting "2ist day of June 1988 at 2.15 pm" as the return date of the order. In relation to the injunction, it will 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
by telegram or telex of the terms of the order and is to
deliver a copy of the order and supporting materials to
to consider whether the injunction should be extended.
Date: BO Gore 19488 Counsel and Solicitor for the Applicant: Mr P. Gethin