Hadgkiss v Construction, Forestry, Mining and Energy Union [2005] FCA 1453

FEDERAL COURT OF AUSTRALIA

Hadgkiss v Construction, Forestry, Mining and Energy Union [2005] FCA 1453

PRIVILEGE AGAINST EXPOSURE TO PENALTIES - application of privilege to pleadings PRACTICE AND PROCEDURE – application of privilege against exposure to penalties to defences to statements of claim seeking the imposition of civil penalties against natural person respondents in proceedings under the Workplace Relations Act 1996 (Cth) Workplace Relations Act 1996 (Cth)

The Daniels Corporation International Pty Limited v Australian Competition and Consumer Commission (2002) 213 CLR 543 Rich v Australian Securities and Investments Commission (2004) 209 ALR 271 Redfern v Redfern [1891] P.139 Pyneboard Proprietary Limited v Trade Practices Commission (1983) 152 CLR 328 Bridal Fashions Pty Limited v Comptroller-General of Customs (1996) 135 FLR 100 Australian Competition & Consumer Commission v FFE Building Services Limited (2003) 130 FCR 37 HADGKISS v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ORS NSD 1259 OF 2005 GRAHAM J 14 OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1259 OF 2005

BETWEEN: NIGEL HADGKISS

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (NEW SOUTH WALES BRANCH)

SECOND RESPONDENT

EDMOND CASPER

THIRD RESPONDENT

MICHAEL LANE

FOURTH RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 14 OCTOBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Third and Fourth Respondents' Notice of Motion filed 15 September 2005 be dismissed. 2. The time for filing of defences by the Third and Fourth Respondents be extended until Friday, 4 November 2005. 3. The costs of the Motion be reserved with a direction that the parties file written submissions thereon within 7 days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.