Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Washington v Hadgkiss [2008] FCA 28
INDUSTRIAL RELATIONS – Australian Building and Construction Industry Commission investigation into alleged breach of s 816 of Workplace Relations Act 1996 (Cth) – whether investigation tainted by improper purpose – whether improper purpose the substantial purpose of investigation – "substantial purpose" test – inference of improper purpose Held: application dismissed – no improper purpose
Workplace Relations Act 1996 (Cth) ss 4, 816 Building and Construction Industry Improvement Act 2005 (Cth) ss 52, 53, Pt 5 Jones v Dunkel (1959) 101 CLR 298, considered Industrial Equity Ltd v Deputy Commissioner of Taxation (1990) 170 CLR 649, applied The Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources [2007] FCAFC 175, applied Thompson v The Council of the Municipality of Randwick Corporation (1950) 81 CLR 87, applied NOEL WASHINGTON, JOHN SETKA, DAVID MIER AND IVAN BALTA v NIGEL HADGKISS, DEPUTY AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER VID 1051 OF 2007
MARSHALL J
29 jANUARY 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1051 OF 2007
BETWEEN: NOEL WASHINGTON
First Applicant
JOHN SETKA
Second Applicant
DAVID MIER
Third Applicant
IVAN BALTA
Fourth Applicant
AND: NIGEL HADGKISS, DEPUTY AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 29 JANUARY 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. The applicants pay the respondent's costs of the proceeding. 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 VID 1051 OF 2007
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