Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White v Construction Forestry Mining and Energy Union [2010] FCA 835 Citation: White v Construction Forestry Mining and Energy Union [2010] FCA 835
Parties: MICHELLE WHITE v CONSTRUCTION FORESTRY MINING AND ENERGY UNION, RALPH EDWARDS, ROBERT GRAAUWMANS, MAURIE HILL, STEPHEN LONG, BRENDAN MURPHY, MICHAEL POWELL, SHAUN REARDON, GARETH STEPHENSON and ALEX TADIC
File number: VID 698 of 2009
Judge: KENNY J
Date of judgment: 9 August 2010
Catchwords: INDUSTRIAL LAW – Strike-out motion based on double jeopardy principle and abuse of process – allegation of contraventions of different statutory provisions based on same conduct – motion dismissed INDUSTRIAL LAW – Construction of Building and Construction Industry Improvement Act 2005 (Cth) s 43(1)
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 43(1)
Cases cited: Pearce v R (1998) 194 CLR 610 Island Maritime Limited v Filpowski (2006) 226 CLR 328 Stuart v CFMEU [2010] FCAFC 65
Date of hearing: 9 August 2010
Date of last submissions: 9 August 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: Mr P O'Grady
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondents: Mr H Borenstein SC and Mr C W Dowling
Solicitor for the Respondents: Construction, Forestry, Mining and Energy Union
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 698 of 2009
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