Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission (No 2) [2007] FCAFC 145
COSTS – application for costs – unsuccessful applicant given invitation to abandon the proceedings – whether continuation of proceedings was without reasonable cause Held: application dismissed Workplace Relations Act 1996 (Cth), s 824 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Regulations 2006 (Cth) Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [2007] FCAFC 32 referred to Daemar v Industrial Commission of New South Wales (1988) 12 NSWLR 45 referred to Hatchett v Bowater Tutt Industries Pty Ltd (No 2) (1991) 28 FCR 324 cited Hughes v Western Australian Cricket Association Inc (1986) 8 ATPR 40-748 referred to Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 cited Latoudis v Casey (1990) 170 CLR 534 referred to McAleer v The University of Western Australia (No 2) [2007] FCA 247 considered Paras v Public Service Body Head of the Department of Infrastructure (No 3) [2006] FCA 745 cited Queensland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1987) 17 FCR 211 referred to R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 cited Re Carter Smith; Ex parte The Commissioners of Taxation (1908) 8 SR (NSW) 246 referred to Re Ross; Ex parte Crozier [2001] FCA 1665 referred to
CONSTRUCTION, FORESTRY, MINING & ENERGY UNION v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND DYNO NOBEL ASIA PACIFIC LIMITED (ACN 000 269 010) NSD 2157 OF 2005
SPENDER, FRENCH AND COWDROY JJ
7 september 2007
perth (heard in SYDNEY) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2157 OF 2005
BETWEEN: CONSTRUCTION, FORESTRY, MINING & ENERGY UNION
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