Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 374

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 374 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 374

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, BILL OLIVER, ELIAS SPERNOVASILIS, SHAUN REARDON, DEREK CHRISTOPHER, BILLY BEATTIE and THEO THEODOROU

File number: VID 321 of 2012

Judge: JESSUP J

Date of judgment: 11 April 2014

Catchwords: PRACTICE AND PROCEDURE – Whether the court should order the applicant to produce a document pursuant r 20.31(3) of the Federal Court Rules 2011 (Cth) – Whether document is in the applicant's control under r 20.31(2)(b)(i) – Document owned by third party who had not expressly forbidden the applicant to produce it – Applicant in physical possession of a copy of the document and therefore has requisite "control" within the meaning of r 20.31 – Production of document ordered

Legislation: Building and Construction Industry Improvement Act 2005 (Cth) Federal Court Rules 2011 (Cth) r 20.31

Cases cited: Rochfort v Trade Practices Commission (1982) 153 CLR 134

Date of hearing: 11 April 2014

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: R Dalton

Solicitor for the Applicant: DLA Piper

Counsel for the Respondents: R Doyle SC with J Fetter

Solicitor for the Respondents: Slater and Gordon