Federal Court of Australia
Gu i,
CATCHWORDS Contempt - Application to deregister Trade Union - Royal Commission into affairs of same Union - Whether continued
public hearings of Royal Commission constitute contempt of
Court.
Constitutional law - Power of Federal Court to restrain Royal
Commissioner appointed by State of Victoria.
Constitution, ss.51(xxxv), 76(ii), 77(i) and 78.
Judicature Act 1903, s.24.
Royal Commissions Act 1902 (Cth), s.1A. Federal Court of Australia Act 1976, ss.31(1) and 23.
THE AUSTRALIAN BUILDERS CONSTRUCTION EMPLOYEES AND BUILDERS
LABOURERS FEDERATION Vv. THE COMMONWEALTH OF AUSTRALIA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE STATE OF VICTORIA and
JOHN SPENCE WINNEKE
v26 of 1981
Bowen C.J., Evatt and Deane JJ.
27 October 1981
Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA)
VICTORIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
)
) No. V26 of 1981 ) )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN:
THE AUSTRALIAN BUILDERS CONSTRUCTION EMPLOYEES AND BUILDERS LABOURERS FEDERATION
Appellant AND:
THE COMMONWEALTH OF AUSTRALIA, HER MAJESTY THE QUEEN IN THE RIGHT OF THE STATE OF VICTORIA and JOHN SPENCE WINNEKE
Respondents
RDER
Bowen C.J., Evatt and Deane JJ. 27 October 1981
Melbourne.
1. Until further order John Spence Winneke one of Her
Majesty's Counsel,
his servants and agents be restrained
from conducting the inquiry the subject of Letters Patent
dated 20 August 1981 executed by His Excellency Sir Zelman
Cowan and Letters Patent dated 20 August 1981 executed by
His Excellency the Honourable Sir Henry Winneke in public.
2. Each party have liberty to apply to the Court on 48 hours
notice.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY a) No. V26 of 1981 ) )
INDUSTRIAL DIVISION
ON APPEAL from a single Judge of the Federal Court of Australia
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