Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 1380 Citation: Brookfield Multiplex FSH Contractor Pty Ltd v McDonald [2013] FCA 1380
Parties: BROOKFIELD MULTIPLEX FSH CONTRACTOR PTY LIMITED (ACN 135 322 084), BROOKFIELD MULTIPLEX CONSTRUCTIONS PTY LTD (ACN 107 007 527) and BROOKFIELD MULTIPLEX AUSTRALASIA PTY LTD (ACN 146 787 395) v JOSEPH MCDONALD, GRAHAM PALLOT and CONSTRUCTION, FORESTRY, MINING & ENERGY UNION
File number: WAD 44 of 2013
Judge: GILMOUR J
Date of judgment: 17 December 2013
Catchwords: CONTEMPT OF COURT – failure of the first respondent to comply with an order of the Court – power to punish contempt – purpose of punishment – distinction between unintentional failure to comply and deliberate disobedience – whether or not the first respondent's actions were voluntary or deliberate – factors relevant to punishment – specific deterrence – general deterrence – whether or not the penalty should be paid to the applicants
Legislation: Federal Court of Australia Act 1976 (Cth) s 31(1) Judiciary Act 1903 (Cth) s 24
Cases cited: Australasian Meat Industry Employees' Union v Mudginberri Station Proprietary Limited (1986) 161 CLR 98 Bovis Lend Lease Pty Ltd v Construction, Forestry, Mining and Energy Union (2009) 254 ALR 306 Bovis Lend Lease v Construction, Forestry, Mining and Energy Union (No 2) [2009] FCA 650 Grocon Constructors (Victoria) Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] VSC 275 Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 National Australia Bank Limited v Juric (No 2) [2001] VSC 398 Witham v Holloway (1995) 183 CLR 525 Law Institute of Victoria Limited v Nagle [2005] VSC 47 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2012) 224 IR 457 Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 Australian Competition and Consumer Commission v Info4PC.com Pty Ltd (2002) 121 FCR 24 Temple v Powell (2008) 169 FCR 169 Veen v The Queen [No 2] (1988) 164 CLR 465 Zaknich v McDonald [2000] WASC 151 Woodside Burrup Pty Ltd v Construction, Forestry, Mining and Energy Union (2011) 209 IR 302
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