Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alfred v Wakelin (No 3) [2009] FCA 224
PRACTICE AND PROCEDURE – notice of motion – application to vary and set aside judgment and orders –– whether any misapprehension of the facts INDUSTRIAL LAW – costs order – whether failure to withdraw notice of motion was an unreasonable omission Held: notice of motion dismissed; no order as to costs. Building and Construction Industry Improvement Act 2005 (Cth) Workplace Relations Act 1996 (Cth) Federal Court Rules Alfred v Wakelin (No 2) [2008] FCA 1543 Autodesk Inc v Dyason (No 2) (1992) 176 CLR 300 Commonwealth of Australia v Construction, Forestry, Mining and Energy Union (2003) 129 FCR 271; [2003] FCAFC 115 Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission (No 2) (2007) 166 IR 23; [2007] FCAFC 145 Construction, Forestry, Mining & Energy Union v Clarke (2008) 170 FCR 574;[2008] FCAFC 143 Hatchett v Bowater Tutt Industries Pty Ltd (No 2) (1991) 28 FCR 324 Paras v Public Service Body Head of the Department of Infrastructure (No 3) (2006) 152 FCR 534; [2006] FCA 745 Qantas Airways v Cameron (No 2) (1996) 68 FCR 367
GREGORY CHARLES ALFRED v ROBERT WAKELIN, CHARLES ABELA, MARK BATZLOFF, ROBERT JONES, JOSEPH O'CONNOR, THE AUSTRALIAN WORKERS' UNION, THE AUSTRALIAN WORKERS' UNION, NEW SOUTH WALES and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
NSD 858 of 2007
JAGOT J
13 MARCH 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 858 of 2007
BETWEEN: GREGORY CHARLES ALFRED
Applicant
AND: ROBERT WAKELIN
First Respondent
CHARLES ABELA
Second Respondent
MARK BATZLOFF
Third Respondent
ROBERT JONES
Fourth Respondent
JOSEPH O'CONNOR
Fifth Respondent
THE AUSTRALIAN WORKERS' UNION
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