Hanlon v Australian Building and Construction Commissioner [2021] FCAFC 221

Federal Court of Australia

Hanlon v Australian Building and Construction Commissioner [2021] FCAFC 221 Appeal from: Australian Building and Construction Commissioner v Hanlon [2020] FCCA 3409; Australian Building and Construction Commissioner v Hanlon (No 2) [2021] FCCA 787

File number(s): NSD 463 of 2021

Judgment of: RARES, BROMWICH AND BANKS-SMITH JJ

Date of judgment: 23 November 2021

Catchwords: COURTS AND JUDGES – judge's delay of over four years from hearing witnesses to delivery of reasons – where delay not explained in reasons – where reasons made detailed credibility findings based on oath against oath evidence and contemporaneous document of one witness – whether judge's consideration of minor unread part of affidavit sufficient to vitiate reasons – Held: appeal dismissed

Legislation: Fair Work Act 2009 (Cth) ss 478, 480, 484, 487, 489, 500, 518

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union & Others (The Laverton North and Cheltenham Premises Case) (2018) 262 FCR 473 Expectation Pty Limited v PRD Realty Pty Limited (2004) 140 FCR 17 NAIS v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 470 Regina v Lawrence [1982] AC 510

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 47

Date of hearing: 23 November 2021

Counsel for the Appellant: Mr I. Latham

Solicitor for the Appellant: Taylor & Scott Lawyers

Counsel for the Respondent: Mr Y. Shariff SC and Mr M. Seck