High Court and Federal Judiciary - Federal Court of Australia - Power under s 298U of the Workplace Relations Act 1996 (Cth) and s 23 of the Federal Court of Australia Act 1976 (Cth) to grant interlocutory injunctions to restrict purported termination of labour supply agreements, termination of employment of employees, obtaining stevedoring services, engaging in conduct having the effect of termination employment of employees, and engaging in conduct having the effect of the divestment of assets or dealing with assets otherwise than in the ordinary course of business.
Equity - Equitable Remedies - Mareva injunctions and other interlocutory injunctions - Whether within jurisdiction of the Federal Court of Australia to grant injunction with the effect of fettering discretion of administrators appointed under Pt 5.3A of the Corporations Law - Whether effect of such injunction requires company to trade while insolvent - Whether injunction necessary to prevent frustration of process - Whether confined to maintaining status quo at the time of making application - Whether available to protect the subject matter of litigation conferring greater rights than when application made - Whether serious question to be tried - Whether appropriate on balance of convenience - Effect on third parties - Exercise of supervisory jurisdiction.
Corporations - Companies - Management and Administration - Appointment of administrators under Pt 5.3A of the Corporations Law - Powers and duties in administration of company - Personal liability in administration of company - Jurisdiction of court fettering discretion of administrators - Jurisdiction of court to make orders compelling administrators to retain employees and to trade while insolvent contrary to responsibilities under the Corporations Law.
Industrial Law - Commonwealth - Stevedoring Industry - Whether restructuring of companies so as to remove assets from employer company with the effect of dismissing, injuring or altering the position of employees by reason of their membership of a union contravenes Pt XA of the Workplace Relations Act 1996 (Cth) - Nature of interlocutory injunctive relief available under s 298U of that Act.
Tort - Joint or Several Tortfeasors - Conspiracy - Whether interlocutory injunction an appropriate remedy - Whether interlocutory mandatory injunction an appropriate remedy.