BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336

FEDERAL COURT OF AUSTRALIA

BHP STEEL (AIS) PTY LTD v CONSTRUCTION, FORESTRY, MINING & ENERGY UNION [2001] FCA 336 PENALTY - object of penalty - considerations in imposition and amount of penalty for contempt - wilfulness of conduct - attitude of respondent to compliance with Court order - consideration of costs order in imposing penalty PRACTICE & PROCEDURE - whether an order can be set aside after entered COSTS - indemnity costs - when application for indemnity costs order should be made Federal Court of Australia Act (1976) (Cth) s 23 Federal Court Rules O 35 r 7(2)(f) Cases Degmam Pty Ltd (In Liq) v Wright (No 2) [1983] 2 NSWLR 354 Cited State Rail Authority of New South Wales v Codelfa Construction Proprietary Limited (1982) 150 CLR 29 Dist Westsub Discounts Pty Ltd v Idaps Australia Ltd (No 2) (1990) 94 ALR 310 Cited Witham v Holloway (1995) 183 CLR 525 Cited

BHP STEEL (AIS) PTY LTD v CONSTRUCTION, FORESTRY, MINING & ENERGY UNION

Q9 of 2000

KIEFEL J

BRISBANE

30 MARCH 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q9 OF 2000

BETWEEN: BHP STEEL (AIS) PTY LTD

ACN 000 019 625

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 30 MARCH 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The respondent is fined the sum of $200,000 for its contempt of Court. 2. The order entered on 8 February 2001, so far as it concerns costs, is set aside. 3. The order of 15 December 2000, so far as it concerns costs, is vacated. 4. The respondent pay to the applicant its costs of the whole of the proceedings, such costs to be taxed on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.