Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CBI Contractors Pty Ltd v Abbott [No 2] [2009] FCA1129
PRACTICE AND PROCEDURE – application by Australian Building and Construction Commissioner as statutory intervener pursuant to O 6 r 2 of the Federal Court Rules – to cease to be an intervener and joined as second applicant – proceedings between primary applicant and respondents settled – whether joinder or fresh proceedings appropriate – consideration of – public interest – practical and logistical difficulties – extensive overlap of fact and law - distinct regulatory role of Commissioner from private individual – motion granted.
Building and Construction Industry Improvement Act 2005 (Cth), ss 10, 71 Workplace Relations Act 1996 (Cth), s 3 Fair Work Act 2009 (Cth), s 3 Federal Court of Australia Act 1976 (Cth), s 23 Federal Court Rules, Order 6 rr 2, 9(b), 17 A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union (2005) 226 ALR 247 Bishop v Bridgelands Securities Ltd (1990) 25 FCR 311 Knight v Beyond Properties Pty Ltd (No. 2) (2006) FCA 192 Lord v AgReserves Australia Ltd (2006) FCA 598 Trade Practices Commission v Westco Motors (Distributors) Pty Ltd (1981) 58 FLR 384 CBI CONTRACTORS PTY LTD v BENJAMIN ABBOTT
WAD 230 of 2008
GILMOUR J
24 SEPTEMBER 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
FAIR WORK DIVISION WAD 230 of 2008
BETWEEN: CBI CONTRACTORS PTY LTD
Applicant
AND: BENJAMIN ABBOTT & ORS
Respondent
AND: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
Intevener
JUDGE: GILMOUR J
DATE OF ORDER: 24 SEPTEMBER 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The Australian Building and Construction Commissioner cease to be an intervener in the proceeding pursuant to Order 6 rule 9(b) of the Federal Court Rules. 2. The Australian Building and Construction Commissioner be joined to the proceeding as a Second Applicant pursuant to Order 6 rule 2 of the Federal Court Rules. 3. Costs be in the cause.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate