CFMEU v Commonwealth of Australia [1999] FCA 1571

FEDERAL COURT OF AUSTRALIA

CFMEU v Commonwealth of Australia [1999] FCA 1571 PRACTICE AND PROCEDURE – stay of proceedings - abuse of process – separate Federal Court proceedings – second action on same subject - whether claims fundamentally the same – discretion of Court – appropriate order Workplace Relations Act 1996 (Cth) Moore v Inglis (1976) 9 ALR 509 at 516 applied Yooralla Sponsors Club v JABI Nominees Pty Ltd (1980) 49 FLR 86 cited Australian Consolidated Industries Ltd v Scholle Industries Pty Ltd (1982) 62 FLR 289 cited CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v COMMONWEALTH OF AUSTRALIA, PETER KEASTON REITH, JOHN JOSEPH FAHEY AND JONATHAN HAMBERGER (in his capacity as Employment Advocate)

V 417 OF 1999

NORTH J

6 DECEMBER 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 417 OF 1999

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

PETER KEASTON REITH

Second Respondent

JOHN JOSEPH FAHEY

Third Respondent

JONATHAN HAMBERGER (in his capacity as the Employment Advocate)

Fourth Respondent

JUDGE: NORTH J

DATE OF ORDER: 6 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application made by the first, second and third respondents in paragraph 1 of the motion, notice of which was filed on 3 September 1999, that the proceeding against them be stayed as an abuse of process, is dismissed. 2. The application made by the fourth respondent in paragraph 1 of the motion, notice of which was filed on 20 October 1999, that the proceeding against him be stayed as an abuse of process, is dismissed. 3. Otherwise the said motions and the directions hearing are adjourned until 10:15 am on 15 December 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.