Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Group Resources Pty Ltd v Calabro (No 6) [2012] FCA 431 Citation: United Group Resources Pty Ltd v Calabro (No 6) [2012] FCA 431
Parties: UNITED GROUP RESOURCES PTY LTD ABN 17 114 888 201, AGC INDUSTRIES PTY LTD ABN 57 079 939 898, MODERN ACCESS SERVICES PTY LTD ABN 87 129 312 590, DOWNER EDI ENGINEERING POWER PTY LTD ABN 53 000 983 700, MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD ABN 52 008 861 836, CBI CONSTRUCTORS PTY LTD ABN 90 000 612 411, DECMIL AUSTRALIA PTY LTD ABN 58 116 776 991, FREO GROUP LIMITED ABN 64 009 325 124, MAMMOET AUSTRALIA PTY LTD ABN 77 075 483 644, PCH GROUP LTD ABN 41 009 120 021, RCR CONSTRUCTION & MAINTENANCE PTY LTD ABN 97 063 053 814, RCR POSITRON PTY LTD ABN 38 106 084 879 and JOHN HOLLAND PTY LTD ABN 11 004 282 268 v BRAEDEN CALABRO AND OTHERS LISTED IN THE RESPONDENTS' SCHEDULE A AS AMENDED and THE AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
File number: WAD 14 of 2010
Judge: MCKERRACHER J
Date of judgment: 2 May 2012
Catchwords: INDUSTRIAL LAW – application to amend final orders relating to 1,336 respondents who engaged in unlawful industrial action – reliance on new evidence from unrepresented respondents PRACTICE AND PROCEDURE – when final orders may be amended under the slip rule – held that the slip rule allows for the variation of final orders to avoid doing injustice to the parties PRACTICE AND PROCEDURE – when leave will be granted to discontinue – applicants permitted to discontinue proceeding against a respondent who died after judgment was entered – discontinuance held not to cause the respondent or his estate any injustice
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