Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1442

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1442 PRACTICE AND PROCEDURE – appeals – whether leave to appeal required – whether declaration of contravention of s 298P(3) of the Workplace Relations Act 1996 is final or interlocutory order where question of penalty deferred – whether sufficient doubt attends decision – whether substantial injustice would result if leave refused. Workplace Relations Act 1996 (Cth) s 298P(3) Federal Court of Australia Act 1976 s 24(1A) R v DeMarchi [1983] 1 VR 619 applied Malouf v Malouf (1999) 86 FCR 134 referred to Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 referred to Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 referred to National Australia Bank Ltd v Maher (No 2) [1999] 3 VR 589 referred to French Caledonia Travel Service Pty Ltd (t/a Connection Holidays) v Elatri, unreported, FCA, Full Court, 22 May 1992 referred to Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 followed Hall v Busst (1960) 104 CLR 206 distinguished Australian Builders' Labourers' Federated Union of Workers - Western Australian Branch v J-Corp Pty Ltd (1993) 42 FCR 452 referred to Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 referred to Williams, Civil Procedure Victoria, I 64.01.455 referred to CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES AND BUILDERS' LABOURERS FEDERATION (QUEENSLAND BRANCH) UNION OF EMPLOYEES, JAMIE McHUGH, MICHAEL RAVBAR v JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE Q6 of 2001 LEE, FINN & MERKEL JJ CANBERRA (HEARD IN BRISBANE) 18 OCTOBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY DISTRICT REGISTRY Q6 OF 2001

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT