Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 529 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 529
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: 19 May 2011
Corrigendum: 18 July 2011
Catchwords: PRACTICE AND PROCEDURE – civil penalty proceeding – where applicant seeks discovery against the third respondent – whether penalty privilege operates to excuse third respondent from being compelled to produce documents
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) s 38, s 48 Trade Practices Act 1974 (Cth) s 52
Cases cited: Australian Securities and Investments Commission v Mining Projects Group Ltd [2007] FCA 1620; (2007) 164 FCR 32 Refrigerated Express Lines (Australasia) Pty Ltd v Australian Meat and Live-Stock Corporation (1979) 42 FLR 204
Date of hearing: 12 May 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Ms S Moody
Solicitor for the Applicant: Herbert Geer Lawyers
Counsel for the Respondents: Mr SA Millman
Solicitor for the Respondents: Slater & Gordon
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