BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2002] FCA 702

FEDERAL COURT OF AUSTRALIA

BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union [2002] FCA 702 CONTEMPT OF COURT - assessment of penalty – relevant and mitigating factors – whether findings of Appeal Court relevant to penalty – whether false assertions in conduct of defence and refusal to acknowledge wrongfulness of contempt relevant to assessment of penalty – whether late apology or absence of previous findings of contempt to be considered mitigating factors – whether absence of contempt in interstate branch relevant to assessment of penalty COSTS – assessment of costs – costs on an indemnity basis – public interest – whether costs should be awarded on indemnity basis where party acts as prosecutor in the public interest – whether order for costs should be altered where party did not maintain all of the charges on appeal – whether the manner in which costs are ordered on appeal are necessarily taken to be guidance in the determination of trial costs.

Cases Cameron v The Queen [2002] HCA 6 Discussed North Australia Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 908 Followed BHP STEEL (AIS) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Q 9 of 2000 KIEFEL J BRISBANE 4 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 9 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: 4 JUNE 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The respondent, the Construction, Forestry, Mining And Energy Union is fined $120,000 for its contempt of the Court's Order of 7 February 2000 in failing to immediately cease strike action, namely the authorising of its members to stop performing work at the applicant's coal mines in New South Wales. 2. The respondent pay the applicant's costs of the proceedings on an indemnity basis except for the costs of the first penalty hearing and except insofar as any costs are of an unreasonable amount or were unreasonably incurred. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.