Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Valuair Limited [2014] FCA 404 Citation: Fair Work Ombudsman v Valuair Limited [2014] FCA 404
Parties: FAIR WORK OMBUDSMAN v VALUAIR LIMITED (200302952W), TOUR EAST (T.E.T) LTD (31629391) and JETSTAR AIRWAYS PTY LTD (ACN 069 720 243)
File number(s): NSD 719 of 2012
Judge: BUCHANAN J
Date of judgment: 29 April 2014
Catchwords: EVIDENCE – out of court statements contained in transcript of interview – applicant sought to admit parts of transcript into evidence as admission – mixed statement containing inculpating and exculpating representations – whether entirety of the record of interview should be admitted into evidence at the same time – entirety of transcripts admitted into evidence
Legislation: Evidence Act 1995 (Cth), ss 59(1), 59(2), 81, 81(2)(b), 87(1)
Cases cited: Jack v Smail (1905) 2 CLR 684 Lopes v Taylor (1970) 44 ALJR 412 Mahmood v State of Western Australia (2008) 232 CLR 397 Mule v R (2005) 221 ALR 85 Spence v Demasi (1988) 48 SASR 536 Lexis Nexis Butterworths, Cross on Evidence (at Service 165) [33455]
Date of hearing: 7, 8, 15, 16, 22 April 2014
Place: Sydney
Division: FAIR WORK DIVISION
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