Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 368 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2011] FCA 368
Parties: JOHN HOLLAND PTY LTD (ACN 004 282 268) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS UNION, TROY SMART, GRAHAM PALLOT and SHANE O'REILLY
File number: WAD 53 of 2010
Judge: BARKER J
Date of judgment: 12 April 2011
Catchwords: PRACTICE AND PROCEDURE – Application to amend defence and to rely upon affidavits filed by other parties in the proceedings – where defence contains an admission – withdrawal of admission not permitted – whether amendment of the defence of the fifth respondent carries the consequence of waiving the penalty privilege to which the fifth respondent is entitled
Legislation: Customs Act 1901 (Cth) s 255
Cases cited: Australian Securities and Investments Commission v Mining Projects Group Ltd [2007] FCA 1620; (2007) 164 FCR 32Bridal Fashions Pty Ltd v Comptroller-General of Customs (1996) 17 WAR 499
Date of hearing: 31 March 2011
Place: Perth
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Ms S Moody
Solicitor for the Applicant: Herbert Geer Lawyers
Counsel for the Respondents: Mr PG Laskaris
Solicitor for the Respondents: W. G. McNally Jones Staff Lawyers
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 53 of 2010
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