Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Temple v Powell (No 1) [2007] FCA 987
EVIDENCE - mode of evidence at trial – civil penalty proceedings – whether affidavit evidence exhibiting transcripts of interview and statements given to investigators may be received – unsatisfactory form of some proposed evidence – discretionary questions – civil penalty proceedings – critical evidence of oral statements and conversations by union officials – evidence directed to be given on affidavit – affidavits to indicate time, place and nature of critical oral conversations – evidence of content of oral conversations and statements to be adduced orally in chief – annexure to affidavits of previous witness statements or interviews with investigators not permitted in exercise of discretion Building and Construction Industry Improvement Act 2005(Cth) Workplace Relations Act 1996 (Cth) Industrial Relations Act 1979 (WA) Briginshaw v Briginshaw (1938) 60 CLR 336 cited Australian Securities and Investments Commission v Vines Z(2003) 21 ACLC 159 cited A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union (2005) 226 ALR 247 cited Platcher v Joseph [2004] FCAFC 68 cited Alfred v Lanscar [2007] FCA 833 cited MARK TEMPLE v MICHAEL POWELL, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS, JOE MCDONALD AND CONSTRUCTION, FORESTRY MINING AND ENERGY UNION WAD 347 OF 2006
FRENCH J
2 JULY 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 347 OF 2006
BETWEEN: MARK TEMPLE
Applicant
AND: MICHAEL POWELL
First Respondent
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF WORKERS
Second Respondent
JOE MCDONALD
Third Respondent
CONSTRUCTION, FORESTRY MINING AND ENERGY UNION
Fourth Respondent
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