Hajek, D. v. Lowinger, J.R. [1988] FCA 124

JUDGMENT No. ./224.1....8

NOT FOR CIRCULATION ;

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) Nos. I60, 161, i862 of } )

INDUSTRIAL DIVISION

CONCILIATION AND ARBITRTAION ACT 1904, SECTIONS 125(10)(a)

AND 125(10)(b)

BETWEEN : DANIEL HAJEK Prosecutor AND: JOYCE ROSE LOWINGER Defendant JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 14 MARCH 1988 WHERE ORDER MADE: SYDNEY

MINUTE GF QRDER

THE COURT ORDERS THAT:

1. The defendant is fined $300 governing the offences

proceedings numbers 160 and I6l of 1987.

2. The defendant is fined $200 governing the oftrences

proceeding number [653 of i987.

3. The defendant be allowed three months t9 pay the penaities.

4. There be no order as to the costs of any party proceeding.

NOTE: Settlement and entry of orders 1s dealt with in Order

the Federal Court Ruies.

in

ait

fon

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) Nos. 160, Tat, Tb? ot ISR7 ) )

INDUSTRIAL DIVISION

ARBITRTAION

LLsyicyéa?

CONCILTATION ACT i904,, AND 125¢10:(b)

BETWEEN: DANIEL HAJEK

Prasecutor

AND: JOYCE ROSE LOWINGER

Defendant

14 March 1928 REASONS FOR JUDGMENT

LOCKHART J.

These are tnree proceedings fer prosecution of Joyce Rose Lowinger for three offences against sub-ss. 125(10)(a' and lshilOeh' ef the Conciliation and Arbitration Act 1904 ("the Act'). Hv cansent, all three matters are being heard tcgether. The deterngant enterec a olea of guilty in each case. Tt 28 common crround that the Tarst two offences arise out ot the same facts ani that ure renalty is appropriate in relation ta the two matrers. Although the .ffence in proceeding number [62 of 1987 is in a sense a r@latei matter, i115 a separate and distinct offence which tcok piace on a citferent Gate. 1 therefore cropase to deal with the first two inici:maticns on the Satast

of one penalty and the third infermaticn as a separate matters