Bovis Lend Lease Pty Ltd v Construction Forestry Mining and Energy Union (No 2) [2009] FCA 650

FEDERAL COURT OF AUSTRALIA

Bovis Lend Lease Pty Ltd v Construction Forestry Mining and Energy Union (No 2) [2009] FCA 650

CONTEMPT – contempt of Court – penalties – considerations relevant to penalty – contempt found to be wilful – whether contempt public in nature - the effect of the contempt on the administration of justice - the contemnor's culpability – whether any relevant prior convictions - relevance of lack of apology – whether any order for costs should mitigate penalty Federal Court of Australia Act (1976) (Cth) s 31(1) High Court Rules 2004 (Cth) r 11.04.01 Judiciary Act 1903 (Cth) s 24

Attorney-General v Times Newspaper Ltd [1974] AC 273 referred to Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 applied Australian Competition & Consumer Commission v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2004] FCA 517 considered Australian Competition and Consumer Commission v Hughes (2001) ATPR 41-807 referred to Australian Competition and Consumer Commission v Info4PC.Com Pty Ltd (2002) 121 FCR 24 referred to Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (2000) 97 IR 474 referred to BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 1853 referred to BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2001] FCA 336 referred to BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union [2002] FCA 702 referred to Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651 referred to Bovis Lend Lease Pty Ltd v Construction Forestry Mining and Energy Union (2009) 254 ALR 306 referred to Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 applied Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2001] FCA 1758 referred to Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (No 2) (1994) 94 IR 231 referred to Draffin v Construction, Forestry, Mining and Energy Union [2009] FCA 243 referred to Furlong v Maxim Electrical Services (Aust) Pty Ltd (No 3) [2006] FCA 1705 referred to Hoare v The Queen (1989) 167 CLR 348 referred to Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 48,134 referred to Inn Leisure Industries Pty Ltd (Provisional liquidator appointed) v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172 referred to Jones v Toben (No 2) [2009] FCA 477 referred to Leighton Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union (2006) 164 IR 375 considered Levy v State of Victoria (1997) 189 CLR 579 referred to Louis Vuitton Malletier SA v Design Elegance Pty Ltd (2006) 149 FCR 494 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 referred to Pine v Expoconti Pty Ltd (2005) 147 IR 426 referred to Pine v Seelite Windows & Doors Pty Ltd [2005] FCA 500 distinguished Ponzio v B & P Caelli Construction Pty Ltd [2006] FCA 1221 referred to Ponzio v B & P Caelli Consturctions Pty Ltd (2007) 158 FCR 543 considered R v Wattle Gully Goldmines N.L. [1980] VR 622 referred to Rip Curl International Pty Ltd v Phone Lab Pty Ltd (2004) 63 IPR 496 referred to Temple v Powell (2008) 169 FCR 169 referred to Textile Clothing and Footwear Union of Australia v Morrison Country Clothing Australia Pty Ltd (No 2) [2008] FCA 1965 referred to Trade Practices Commission v CSR Ltd [1991] ATPR 52,135 (41-076) referred to Veen v The Queen (1979) 143 CLR 458 referred to Veen v The Queen (No 2) (1988) 164 CLR 465 referred to Williams v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 548 followed Witham v Holloway (1995) 183 CLR 525 applied BOVIS LEND LEASE PTY LTD v CONSTRUCTION FORESTRY MINING AND ENERGY UNION