Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 912

FEDERAL COURT OF AUSTRALIA

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 912 Citation: Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 912

Parties: LEND LEASE PROJECT MANAGEMENT & CONSTRUCTION (AUSTRALIA) PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER

File number: QUD 79 of 2011

Judge: COLLIER J

Date of judgment: 11 August 2011

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file cross-claim against applicant and nine third parties – third parties not currently parties to substantive proceedings – Order 5 rule 1(1) and 1(2) Federal Court Rules – whether respondent entitled to file cross-claim – principles relevant to exercise of Court's discretion to extend time for filing cross-claim – error in authorised version of Federal Court Rules explanation for delay in filing – no prejudice to applicant from delay in filing cross-claim – merits of cross-claim – whether different Rule applicable to applicant and other potential cross-respondents – whether cross-claim against applicant must be related to or connected with subject of substantive proceedings – whether cross-claim against third parties related to or connected with subject of substantive proceedings – prospects of success – whether failure of respondent to serve application on third parties a discretionary issue in consideration of extension of time – whether substantive proceedings should be heard separately from cross-claim