Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hadgkiss v CFMEU [2008] FCAFC 22
INDUSTRIAL LAW – "false or misleading representation" – whether pleaded allegation sufficiently established by the evidence – whether representation a statement of future intention or objective – allegation sufficiently within contraventions pleaded –"eligible person" – whether a member of a partnership may be an eligible person – whether reverse onus in s 298V applied by primary judge – appeal allowed in part – case remitted to primary judge for further consideration
WORDS AND PHRASES - "false or misleading representation" - "eligible person"
Workplace Relations Act 1996 (Cth) s 84, s 170NC, s 170NC (1), s 298B, s 298S, s 298S (1), s 298S (2) (a), s 298SC (c), s 298V
Construction, Forestry, Mining and Energy Union v Hadgkiss [2007] FCAFC 197 CSR v Della Maddalena (2006) 224 ALR 1, [2006] HCA 1 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Given v Pryor (1979) 24 ALR 442 Hadgkiss v Construction, Forestry, Mining and Energy Union (No 3) [2007] FCA 87 Hadgkiss v Construction, Forestry, Mining and Energy Union (No 4) [2007] FCA 425 James v ANZ Banking Group Ltd (1986) 64 ALR 347 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 PG & LJ Smith Plant Hire Pty Ltd v Lanskey Constructions Pty Ltd [2004] FCA 1618; 137 IR 98
NIGEL CLIVE HADGKISS v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (NSW BRANCH), EDMOND CASPER AND MICHAEL LANE NSD 650 OF 2007
NORTH, LANDER AND BUCHANAN JJ
5 MARCH 2008
SYDNEY
GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 650 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NIGEL CLIVE HADGKISS
Appellant
AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
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