Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 652

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 652 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 652

Parties: THE DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, KANE PEARSON and ADAM OLSEN

File number: NTD 28 of 2013

Judge: MANSFIELD J

Date of judgment: 19 June 2014

Date of hearing: 16 June 2014

Place: Adelaide

Division: FAIR WORK DIVISION

Category: No catchwords

Number of paragraphs: 23

Counsel for the Applicant: P O'Grady

Solicitor for the Applicant: Clayton Utz

Counsel for the Respondents: C Dowling

Solicitor for the Respondents: Hall Payne Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY FAIR WORK DIVISION NTD 28 of 2013

BETWEEN: THE DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

KANE PEARSON

Second Respondent

ADAM OLSEN

Third Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 19 JUNE 2014 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Leave be given to the first respondent to file and serve by 10 July 2014 such amended defence as it may be advised. 2. The applicant do file and serve by 25 July 2014 if the first respondent files and serves an amended defence in accordance with Order 1 hereof and otherwise by 29 August 2014 a list of the documents in the Director's custody, possession or power in the following categories: (1) Any transcript of interview of either Emanuel Milatos or Michael Milatos conducted by the Director's representative, recording what they or either of them said about any of the events referred to in the Statement of Claim. (2) Any other document recording any communication between any Fair Work Building Industry Inspectorate representative and either Emanuel Milatos or Michael Milatos recording what they or either of them said about any of the events referred to in the Statement of Claim. (3) Any notebook, diary, log, workbook record, note or other document made by either Emanuel Milatos or Michael Milatos, or by any employee, servant or agent of Reday, on the basis of information provided by either Emanuel Milatos or Michael Milatos, recording any information about any of the events referred to in the Statement of Claim and which is materially adverse to the allegations in the Statement of Claim or which may materially assist the respondents in the conduct of their case (other than the documents already provided) to the respondents or discovered by the Orders (1) to (3) of this paragraph. (4) Any notebook, diary log, workbook record, note or other document which records information provided by any employee of Reday who saw any of the events referred to in the Statement of Claim, and which is materially adverse to the allegations in the Statement of Claim or which may materially assist the respondents in the conduct of their case (other than documents already provided) to the respondents or discovered by the Orders (1) to (3) of this paragraph. 3. The parties shall file and serve any affidavit containing the evidence in chief of any witness whom that party proposes to call to give evidence at trial, save that in respect of the occasions referred to in paragraphs 17, 18, 19, 20 and 26 June 2013 referred to in the Statement of Claim, that party may refer to each such occasion, those present and the substance of what occurred and indicate that he or she will give oral evidence concerning it, save that Mr Pearson and Mr Olsen may to the extent necessary to exercise their privilege not to disclose information which may expose them to a pecuniary penalty not refer other than to the occasion itself: (a) the applicant by 25 July 2014; (b) the respondents by 15 August 2014. 4. Each party shall file and serve an index of the documents that party proposes to rely on at the trial in the following sequence: (a) the applicant by 25 July 2014; (b) the respondents by 15 August 2014. 5. On or before 10 September 2014 each party shall file and serve the book of documents which that party proposes to adduce in evidence. 6. The proceeding be listed for trial in Darwin at 10:15 am on 17 September with an estimate of two days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.