Kathy Jackson appeals HSU administration

HSU national secretary Kathy Jackson is challenging a Federal Court decision to put the troubled union into administration, arguing she was denied procedural fairness and was held partly responsible for the union’s dysfunction.

Ms Jackson is appealing against the orders made by Justice Geoffrey Flick last month, including the appointment of former Federal Court judge Michael Moore as administrator.

She wants the appeal hearing expedited and Justice Flick’s orders stayed until the appeal has been finalised, the Federal Court heard on Wednesday.

Ms Jackson submitted that Justice Flick showed “apprehended bias” towards her by holding she was “at the epicentre of the alleged dispute and she was partly responsible for the collective dysfunction of the two unions”, appeal papers filed in the court say.

On June 21, Justice Flick declared both the state union, HSUeast, and the East Branch of the federal HSU had ceased to function effectively.

He ordered that Mr Moore be appointed administrator of both organisations, that all their office holders lose their positions and that the East Branch be demerged to become separate NSW and Victorian-based unions.

This meant Ms Jackson lost her position as executive president of the state union, which has a $270,000 annual salary.

Ms Jackson wants Workplace Review editor, barrister Jeffrey Phillips, or an administrator “not of the court’s choosing” to be appointed instead of Mr Moore.

She also submitted that only NSW and ACT office holders should lose their positions, with the exception of Wollongong councillor Ted Hinge, and that Victoria HSU organiser Stuart Miller’s position should be vacated.

She is arguing Justice Flick “wrongly pressed her” to withdraw her “only substantive evidence” during the proceedings, including a 79-page affidavit.

The court heard on Wednesday there were concerns about public access to the “scandalous material” contained in Ms Jackson’s evidence, but her barrister Mark Robinson SC said she was denied procedural fairness when she was prevented from putting it before Justice Flick.

“It’s material we would put before the court for review,” Mr Robinson said.

“We have asked the administrator if he would stop this (administration) progress of re-elections and rewriting the rules.

“He has said no. He will only do so if an order is made.”

Justice Arthur Emmett granted Mr Robinson leave to file an interlocutory application and provisionally set the matter down for a further directions hearing on July 24.

Speaking outside court, Ms Jackson said she was funding the appeal herself and was seeking to have her position reinstated, saying, “I’ve done nothing wrong”.

“What I want to get out of this appeal is to show people, particularly members of the HSU, that we haven’t done the wrong thing,” she told reporters.

“There are people in the administration who are trying to do the right thing.

“We’ve all been tarred with the same brush, and that’s not good enough.”

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