Textile Clothing and Footwear Union of Australia v Morrison Country Clothing Australia Pty Ltd [2008] FCA 604

FEDERAL COURT OF AUSTRALIA

Textile Clothing and Footwear Union of Australia v Morrison Country Clothing Australia Pty Ltd [2008] FCA 604

CONTEMPT – order for discovery - breach of undertaking – whether breach was "casual, accidental or unintentional" – liability of respondent company – whether director personally liable

Clothing Trades Award 1999 Federal Court Rules 1979 (Cth) O 14 r 2, O 15 r 6, O15 r 9(2), Form 20, Form 22 Coward v Stapleton (1953) 90 CLR 573 cited Doyle v The Commonwealth (1985) 156 CLR 510cited Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 cited Witham v Holloway (1995) 183 CLR 525 cited Australian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 cited Hamilton v Whitehead (1988) 166 CLR 121 cited Tesco Supermarkets Ltd v Nattrass [1972] AC 153 cited TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA v MORRISON COUNTRY CLOTHING AUSTRALIA PTY LTD (ACN 076 740 826)

VID 1212 OF 2006

TRACEY J

5 SEPTEMBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1212 OF 2006

BETWEEN: TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA

Applicant

AND: MORRISON COUNTRY CLOTHING AUSTRALIA PTY LTD (ACN 076 740 826)

Respondent

JUDGE: TRACEY J DATE OF ORDER: 5 SEPTEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The hearing of the contempt motion be adjourned to 10:15am on 10 October 2008. 2. On or before 5:00 pm on 19 September 2008 the respondent and Mr Brian Morrison file and serve: (a) any affidavits on which they propose to rely at the penalty hearing; and (b) an outline of their written submissions. 3. On or before 5:00 pm on 3 October 2008 the applicant: (a) file and serve any answering affidavits on which it proposes to rely at the penalty hearing; and (b) an outline of its written submissions. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.