Construction Forestry Mining Energy Union v Bovis Lend Lease Pty Ltd [2008] FCA 1669

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining Energy Union v Bovis Lend Lease Pty Ltd [2008] FCA 1669

CONTRACTS – settlement agreements – whether court may have regard to what the parties said or did during the course of the settlement negotiations – whether settlement agreement to be construed objectively according to what a reasonable person would understand by the language in which the parties have expressed the agreement in light of mutual understandings, context and purpose of agreement – extent to which court may consider extrinsic evidence in construing a settlement agreement

Federal Court of Australia Act 1976 (Cth) s 53B

Asciano Services Pty Ltd (formerly Pacific National (ACT) Limited) v Commissioner of Taxation [2008] FCA 1401 cited Commissioner of Taxation v Hadidi (1994) 51 FCR 453 cited Golf Australia Holdings Ltd v Buxton Construction Pty Ltd [2007] VSCA 200 followed

CONSTRUCTION FORESTRY MINING AND ENERGY UNION and COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION v BOVIS LEND LEASE PTY LTD

VID 792 of 2008

GORDON J

11 NOVEMBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 792 of 2008

BETWEEN: CONSTRUCTION FORESTRY MINING AND ENERGY UNION

First Applicant

COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION

Second Applicant

AND: BOVIS LEND LEASE PTY LTD

Respondent

JUDGE: GORDON J

DATE OF ORDER: 11 NOVEMBER 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The matter be stood over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA