Australian Industry Group v Automotive, Food Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 708

FEDERAL COURT OF AUSTRALIA

Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries [2000] FCA 708

CONTEMPT – breach of court orders - penalty – relevance of apology – consideration of remedies that are appropriate to meet the exigencies of the particular case Concrete Constructions Pty Ltd v PGEU (No 2) (1987) 15 FCR 64 - considered AMIEU v Mudginberri Station Pty Ltd (1986) 161 CLR 98 - applied Australian Consolidated Press Ltd v Morgan (1965) 112 CLR 483 – considered Guthrie v Robertson (1987) 13 FCR 336 - cited AUSTRALIAN INDUSTRY GROUP v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION N 1357 of 1999 JUDGE: MERKEL J PLACE: MELBOURNE DATE: 29 MAY 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY N 1357 of 1999

BETWEEN: AUSTRALIAN INDUSTRY GROUP

APPLICANT

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

FIRST RESPONDENT

AUSTRALIAN WORKERS' UNION

SECOND RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

THIRD RESPONDENT

CRAIG JOHNSTON

FOURTH RESPONDENT

DEAN MIGHELL

FIFTH RESPONDENT

CESAR MELHEM

SIXTH RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 29 MAY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. A fine of $20,000 be imposed on the fourth respondent, Craig Johnston. 2. A fine of $20,000 be imposed on the fifth respondent, Dean Mighell. 3. The said fines be paid to the District Registrar of the Federal Court of Australia, 305 William Street, Melbourne, within 30 days.