Federal Court of Australia
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CATCHWORDS
Practice and Procedure - industrial law - discovery - civil proceeding for a penalty - privilege against production of
documents on the ground of self-exposure to a penalty - waiver.
Conelliation and Arbitration Act 1904. s. 119.
Federa] Court Pules Order 15 Rule 2(2)
Refrascugte d Express Lines (A/fasia) Pty. Ltd. v Australian "vet 3 ae, ~Auseraiial
ana lve -Sicehk Cozporacisu (1979) 42 F.L.R. 204.
The King vy Associated Morthern Collierievs (1910) 11 C.L.R. 738.
. udneg 2, ere V Te bie Fe iN A trene
No. V. 22 of 1984
Gray ¢. 26 June 1984 Melbourne.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. V 22 of 1984 ) )
INDUSTRIAL DIVISION
BETWEEN: RODNEY BIRRELL Applicant
AND: AUSTRALIAN NATIONAL
AIRLINES COMMISSION
Respondent
JUDGE: Gray J.
DATE: 26th June 1984
° REASONS FOR JUDGMENT
By his Application, dated 12th April 1984, the Applicant seeks the following relief:
l. The imposition of a penalty upon the Respondent for a breach or non-observance of the Airline Pilots' (TAA) Agreement, 1981.
2. An order that the Respondent pay to the Applicant the amount of salary to which the Applicant is entitled and which is found by the Court not to have been paid to him by the Respondent.
3. A declaration that the Applicant's employment with the Respondent was not terminated in accordance
with the Airline Pilot's (TAA) Agreement, 1981 on 9
or 10 May 1983 or at any other time. 4. A declaration that the Applicant has been continuously since 9 May 1983 and remains in the
employ of the Respondent.
The first directions hearing in the proceeding was on 27th April 1984. On that occasion, the Respondent was represented by counsel and solicitor. Before the matter was called on, either counsel or the solicitor for the Respondent handed to the solicitor for the Applicant a document entitled in the proceeding and headed "Proposed Orders and Directions". The document set out orders and directions which, apparently, the Respondent proposed should be made and given in the proceeding. After some proposed
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