Devine Marine Group Pty Ltd v Fair Work Ombudsman [2013] FCA 442

FEDERAL COURT OF AUSTRALIA

Devine Marine Group Pty Ltd v Fair Work Ombudsman [2013] FCA 442 Citation: Devine Marine Group Pty Ltd v Fair Work Ombudsman [2013] FCA 442

Appeal from: Application for leave to appeal: FWO v Devine Marine Group P/L & Ors [2012] FMCA 1127

Parties: DEVINE MARINE GROUP PTY LTD (ACN 058 449 406) v FAIR WORK OMBUDSMAN

File number: SAD 281 of 2012

Judge: LANDER J

Date of judgment: 16 May 2013

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal, and appeal, from interlocutory order of Federal Magistrate (now a Federal Circuit Court Judge) for discovery – whether order for discovery made upon declaration that such an order was "appropriate, in the interests of the administration of justice" pursuant to s 45 of the Federal Magistrates Act 1999 (Cth) – whether order for discovery fair in circumstances where costs of making discovery not recoverable – discussion of discovery in proceedings generally – whether application for leave to appeal, and appeal, within no-costs Fair Work Division PRIVILEGE – application of privilege from self-incrimination in proceeding for civil penalty – whether "proper officer" available to swear affidavit of documents pursuant to discovery order

Legislation: Evidence Act 1995 (Cth), s 187 Fair Work Act 2009 (Cth), ss 481, 535, 539, 550(2)(d), 562, 563, 565, 566, 567, 569, 569A, 570, 712 Fair Work Regulations 2009 (Cth), sub-reg 3.33 Federal Court of Australia Act 1976 (Cth), ss 13(3), 15(1C), 24, 43 Federal Court Rules 2011, rr 7.23, 20.22 Federal Magistrates Act 1999 (Cth), ss 3(2), 45 Federal Magistrates Court Rules 2001, rr 1.05(2), 14 Training and Skills Development Act 2008 (SA)