Australian Liquor, Hospitality & Miscellaneous Workers Union v Dimension Cleaning Service Pty Ltd [1998] FCA 1108

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – employee records – prosecution for payslip deficiencies – ABUSE OF PROCESS – Stay of Proceedings - whether predominant purpose of informant was an improper purpose – whether abuse of process.

Workplace Relations Act 1996 – ss 179, 353A

Workplace Relations Regulations (Cth) – regs 132A, 132B Evidence Act 1995 (Cth) – ss 97, 98, 99, 100(i) and (ii) Harriman v The Queen (1989) 167 CLR 590 - considered Lyons v Commonwealth Bank (1991) 28 FCR 597 - considered Williams v Spautz (1992) 174 CLR 509 - followed Spautz v Williams (1983) 2 NSWLR 539 - cited Re Excel; Worthley v Englind (1994) 52 FCR 69 - cited Ryman v Seymour CBD Pty Ltd, Federal Court of Australia (unreported) Spender J, 28 February 1997, Matter QG 116 of 1996 – considered and distinguished White Industries (Qld) Pty Ltd v Flower & Hart (a firm), Federal Court of Australia (unreported) Goldberg J, 14 July 1998, Decision 806/98, Matter QG 198 of 1986 – considered and distinguished Briginshaw v Briginshaw (1938) 60 CLR 336 - applied Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 - cited AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION v DIMENSION CLEANING SERVICE PTY LTD

VG 595 of 1997 BEFORE: RYAN JR PLACE: MELBOURNE DATE: 8 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 595 of 1997

BETWEEN: AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION

PROSECUTOR

AND: DIMENSION CLEANING SERVICE PTY LTD

DEFENDANT

JUDicial registrar: RYAN

DATE OF ORDER: 8 SEPTEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent's motion of 22 May 1998 be dismissed. 2. The respondent pay the applicant's costs in respect of the Motion. 3. The Information filed on 23 October 1997 be listed for hearing as soon as practicable. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.