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Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd

[2020] FCAFC 81 ; (2020) 276 FCR 172

Federal Court of Australia (Full Court) · 18 May 2020 · Official judgment

Cited by 9 indexed judgments

All Cited 9

2020: 1 citing judgment 2021: 5 citing judgments 2022: 1 citing judgment 2023: 1 citing judgment 2024: 1 citing judgment 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd (No 2) [2020] FCAFC 106 Cited Federal Court of Australia (Full Court) · judgment
  2. Zonnevylle v Department of Customer Service; Zonnevylle v Secretary, Department of Education [2021] NSWCATAD 35 Cited NCAT Administrative and Equal Opportunity · cited 2× · judgment
  3. King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 2) [2021] FCA 183 Cited Federal Court of Australia · cited 2× · judgment
  4. Burrows v Houda (No. 2) [2021] NSWDC 127 Cited District Court of NSW · judgment
  5. Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143 Cited Federal Court of Australia (Full Court) · cited 26× · judgment
  6. DHL Supply Chain (Australia) Pty Limited v United Workers' Union (No 2) [2021] FCA 1401 Cited Federal Court of Australia · judgment
  7. Registered Clubs Association of New South Wales v Stolz (No 4) [2022] FCA 994 Cited Federal Court of Australia · cited 1× · judgment
  8. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181 Cited Federal Court of Australia (Full Court) · judgment
  9. Sprys Coating Services Pty Ltd (Restructuring Practitioners Appointed), in the matter of Sprys Coating Services Pty Ltd (Restructuring Practitioners Appointed) [2024] FCA 1152 Cited Federal Court of Australia · judgment

Tree of authority

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The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (34)

Earliest first, with how this judgment treated each.

  1. Cameron v Cole [1944] HCA 5 Cited cited 233×
  2. Commonwealth v Bank of New South Wales [1949] HCA 47 Cited cited 47×
  3. Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd [1981] HCA 7 Cited cited 198×
  4. DMW v CGW [1982] HCA 73 Cited cited 35×
  5. R v Ross-Jones; Ex parte Green [1984] HCA 82 Cited cited 91×
  6. R v Gray; Ex parte Marsh [1985] HCA 67 Cited cited 118×
  7. Resort Hotels Management Pty Ltd v Resort Hotels of Australia Pty Ltd (1991) 22 NSWLR 730 Cited cited 18×
  8. Emanuele v Australian Securities Commission (1995) 63 FCR 54 Cited cited 29×
  9. Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd [1995] FCA 943 Cited cited 75×
  10. Emanuele v Australian Securities Commission [1997] HCA 20 Cited cited 115×
  11. Safetycare Australia Pty Ltd v Phillip Maxwell Earle [1999] VSC 535 Cited
  12. Re Macks; Ex parte Saint [2000] HCA 62 Cited cited 126×
  13. (2001) 21 Aust Bar Rev 235 Cited
  14. Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (2004) 219 CLR 664 Cited cited 7×
  15. Hartley Poynton Ltd v Ali [2005] VSCA 53 Applied or followed cited 17×
  16. Johnston v Vintage Developments Pty Limited (ACN 067 567 006) [2006] FCAFC 171 Cited cited 14×
  17. South Johnstone Mill Ltd v Dennis and Scales [2007] FCA 1448 Cited cited 35×
  18. Turagadamudamu v PMP Limited [2009] NSWCA 120 Cited cited 7×
  19. Barnes v Fortytwo International Pty Ltd [2010] FCAFC 87 Cited cited 5×
  20. Juul v Northey [2010] NSWCA 211 Cited cited 41×
  21. VFS Group Pty Ltd v BM2008 Pty Ltd (in liq) [2010] VSCA 277 Cited cited 3×
  22. State of NSW v Kable [2013] HCA 26 Cited cited 127×
  23. Papas v Grave [2013] NSWCA 308 Cited cited 21×
  24. Ross v Lane Cove Council [2014] NSWCA 50 Cited cited 100×
  25. Rumble v Liverpool Plains Shire Council [2015] NSWCA 125 Cited cited 9×
  26. Fewin Pty Limited v Prentice [2016] FCA 1038 Cited
  27. Director of the Fair Work Building Industry Inspectorate v Powell [2016] FCA 1287 Cited cited 6×
  28. Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission [2016] FCAFC 97 Cited cited 35×
  29. Esso Australia Pty Ltd v The Australian Workers' Union [2017] HCA 54 Cited cited 64×
  30. Luck v University of Southern Queensland [2018] FCAFC 102 Cited cited 6×
  31. Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3 Cited cited 152×
  32. Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Union Industry [2019] FCA 1265 Cited cited 4×
  33. Westpac Life Insurance Services Ltd v Estate of the Late Graham Brian Ugle (No 2) [2019] FCA 1445 Cited
  34. Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2019] FCA 2034 Cited cited 2×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.