Timetable set for Federal Court action on unprecedented raids
27 October 2017
A court timetable has been set in the AWU’s fight to challenge the validity of this week’s unprecedented police raids launched by the Registered Organisations Commission (ROC) on the union’s Sydney and Melbourne offices.
Maurice Blackburn Lawyers, who are representing the AWU, said today that court orders confirming a timetable for the case had been agreed to by all parties, removing the need for a Federal Court directions hearing that had been scheduled for this morning in Melbourne.
Maurice Blackburn Principal Josh Bornstein said critically that the orders were made together with commitments from both the ROC and AFP that no documents seized in this week’s raids by the AFP will be handed over to the ROC until the court has heard the case.
Mr Bornstein said the union's case compromised two key parts, namely:
That the raid conducted by the AFP was illegal; and
That the investigation by the ROC is illegal because it is politically motivated.
“Prior to these raids, the union had handed over disclosure statements from 10 years ago in relation to Get Up donations to the ROC, but in doing so had pressed the regulator to provide it with information about the political interference by the Turnbull government in this matter.
“Disturbingly, the ROC has refused to hand over all file notes of its communications with Minister Cash and her office and we will continue to seek all such documents as part of the federal court case,” he said.
Under the agreed timetable evidence must be obtained from all parties next month, with the respondents required to file their defence by 1 December 2017. A substantive hearing will be held in December at a date to be set, following the filing of defences.