CFMEU v Able Demolitions & Excavations Pty Ltd [2001] FCA 1748

FEDERAL COURT OF AUSTRALIA

CFMEU v Able Demolitions & Excavations Pty Ltd [2001] FCA 1748

PRACTICE & PROCEDURE – Application seeking paragraphs in Statement of Claim be struck out – Review of a decision of a Registrar – Purpose of a Statement of Claim – Whether certain paragraphs constitute global pleadings WORDS & PHRASES – "global pleadings"

Federal Court of Australia Act 1976 (Cth)

Workplace Relations Act 1996 (Cth)

Industrial Relations Act 1988 (Cth)

Federal Court Rules Martin v Commonwealth Bank of Australia [2001] FCA 87 referred to

Banque Commerciale S.A., En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279 referred to Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd (1996) 18 ATPR 41-522 referred to McKellar v Container Terminal Management Services [1999] FCA 1101, (1999) 165 ALR 409 referred to

Warramunda Village Inc v Pryde [2001] FCA 61 at [11], (2000) 105 FCR 437 referred to

Murex Diagnostics Australia v Chiron Corporation (1994) 55 FCR 194 at 203 followed Charlie Carter Pty Ltd v The Shop, Distributive and Allied Employees' Association of Western Australia (1987) 13 FCR 413 referred to

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ABLE DEMOLITIONS & EXCAVATIONS PTY LTD V 664 OF 2000 MARSHALL J MELBOURNE 6 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 664 OF 2000

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

APPLICANT

AND: ABLE DEMOLITIONS & EXCAVATIONS PTY LTD

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 6 DECEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The following paragraphs of the Statement of Claim be struck out: 42, 43, 46, 48, 49, 51, 52, 57, 58, 66, 67, 69, 70, 77, 90, 92, 95, 96, 98 and 100. 2. The applicant file and serve an amended Statement of Claim on or before 1 February 2002.