Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCAFC 8

FEDERAL COURT OF AUSTRALIA

Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCAFC 8 Citation: Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCAFC 8

Appeal from: Cozadinos v Construction, Forestry, Mining and Energy Union [2012] FCA 46

Parties: THE DIRECTOR, OFFICE OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and JASON BELL

File number: VID 177 of 2012

Judges: BESANKO, PERRAM AND BROMBERG JJ

Date of judgment: 6 February 2013

Corrigendum 11 February 2013

Catchwords: EVIDENCE – Cumulative effect of evidence – whether trial judge failed to consider cumulative effect of three witnesses' evidence prior to rejecting that evidence – whether corroborative evidence was in fact coincidence evidence and therefore limited in the use to which it could be put – whether appellant's case so strong that appellate court should find his case proved EVIDENCE – Standard of proof – whether trial judge was required, when considering the 'gravity of the matters alleged' pursuant to s 140 of the Evidence Act 1995 (Cth), to consider also the likelihood of their occurrence EVIDENCE – Rule in Jones v Dunkel – whether rule was required to be applied EVIDENCE – Rule in Browne v Dunn – whether rule properly applied

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 44, 45 Evidence Act 1995 (Cth) ss 95(1), 98(1), 140, Pt 3.6 Workplace Relations Act 1996 (Cth) Part 8 JD Heydon, Cross on Evidence (LexisNexis Butterworths, 8th ed)