Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Laing v Carroll [2004] FCA 1509
INDUSTRIAL LAW - application for declaration – requirement to produce documents made pursuant to s 83BH(4)(d) of the Workplace Relations Act 1996 (Cth) - whether declaratory relief available to enforce compliance by State employee with requirement, in circumstances where the employee enjoys crown immunity from criminal prosecution – whether notice which constitutes the 'requirement' is invalid for failure to adequately identify the source of the authorised officer's power– declaration refused Judiciary Act 1903 (Cth) s 39B(1A) Workplace Relations Act 1996 s 83BH(4)(d) Acts Interpretation Act 1901 (Cth) s 22(1)(j) Federal Court of Australia Act 1976 (Cth) s 21 Conciliation and Arbitration Act 1904 (Cth) s 140(5) Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355, referred to
McLeish v Faure (1979) 40 FLR 462, applied
Forster v Jododex Aust Pty Ltd (1972) 127 CLR 421, referred to
Australian Building Construction Employees' and Builders Labourer's Federation v Master Builders Association of New South Wales (1986) 69 ALR 515, referred to
Thorson v Pine [2004] FCA 1316, followed
WILLIAM LAING v PETER CARROLL V 971 OF 2003 MARSHALL J 23 NOVEMBER 2004 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 971 OF 2003
BETWEEN: WILLIAM LAING
APPLICANT
AND: PETER CARROLL
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 23 NOVEMBER 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 971 OF 2003
BETWEEN: WILLIAM LAING
APPLICANT
AND: PETER CARROLL
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