Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McIlwain v Ramsey Food Packaging Pty Ltd (No. 3) [2006] FCA 994
PRACTICE AND PROCEDURE – application for a stay pending an application for leave to appeal. Federal Court Act 1976 (Cth), s 24(1A) Workplace Relations Act 1996 (Cth), s 298U(a), s 356 McIlwain v Ramsey Food Packaging Pty Ltd [2006] FCA 828 Driclad Pty Ltd v FCT (1968) 121 CLR 45 Ah Toy v Registrar of Companies (1985) 10 FCR 280 Hannpost Pty Ltd v Mita Copiers Australia Pty Ltd (1996) 137 ALR 701 Gribbles Pathology (Vic) Pty Ltd v Minister for Human Services and Health (1996) 67 FCR 327. MCILWAIN v RAMSEY FOOD PACKAGING PTY LTD & ORS QUD66 OF 2003 GREENWOOD J 3 AUGUST 2006 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD66 OF 2003
BETWEEN: PETER LESLIE MCILWAIN
APPLICANT
AND: RAMSEY FOOD PACKAGING PTY LTD
FIRST RESPONDENT
RAMSEY FOOD PACKAGING NO. 2 PTY LTD
SECOND RESPONDENT
RAMSEY BUTCHERING SERVICES PTY LTD
THIRD RESPONDENT
RAMSEY FOOD SERVICES PTY LTD
FOURTH RESPONDENT
JUDGE: GREENWOOD J
DATE OF ORDER: 3 AUGUST 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application made by each of the respondents for a stay of any further hearing of the proceeding made by notice of motion filed on 20 July 2006 is dismissed. 2. The costs of the application are reserved. 3. By way of further directions: (a) the respondents shall file in the court and serve upon the applicant any further affidavit material upon which any of them intend to rely in relation to the determination of the question of whether a penalty ought to be imposed upon any of them pursuant to s 298U(a) of the Workplace Relations Act 1996 (Cth) by 4.00pm, Thursday 17 August 2006; (b) the applicant shall file affidavits in reply (if any) by Thursday, 24 August 2006; (c) the matter will be re‑listed for the hearing of further submissions at 10.15am on Monday, 28 August 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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