Hadgkiss v Blevin [2003] FCA 1083

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Blevin [2003] FCA 1083 PRACTICE & PROCEDURE – Notices to Produce – Privilege Against Self-incrimination – where claim for civil penalty – where applicant undertakes not to us produced documents against those respondents protected by privilege – where undertaking cannot prevent the possibility that the documents will have direct or indirect incriminating consequences Workplace Relations Act 1996 (Cth) Alfred v Walter Construction Group Ltd [2003] FCA 993 Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCAFC 132 Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Livestock Corporation (1979) 42 FLR 204 Reid v Howard (1995) 184 CLR 1 Sorby v Commonwealth (1983) 152 CLR 281 NIGEL HADGKISS AS DELEGATE OF THE EMPLOYMENT ADVOCATE v ALAN BLEVIN, JOSEPH MCGAHAN AND CONSTRUCTION FORESTRY MINING AND ENERGY UNION N 414 OF 2003 BENNETT J 9 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N414 OF 2003

BETWEEN: NIGEL HADGKISS AS DELEGATE OF THE EMPLOYMENT ADVOCATE

APPLICANT

AND: ALAN BLEVIN

FIRST RESPONDENT

JOSEPH MCGAHAN

SECOND RESPONDENT

CONSTRUCTION FORESTRY MINING AND ENERGY UNION

THIRD RESPONDENT

JUDGE: BENNETT J

DATE OF ORDER: 9 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant's request for access to the documents produced by the first and second respondents under paragraphs 1, 2 and 4 of notices to produce filed 26 August 2003 is refused. 2. The notices to produce are otherwise stood over to 20 October 2003. 3. The documents produced under the notices to produce are to remain with the Court until further notice.