Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 770 Citation: Fair Work Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2014] FCA 770
Parties: DIRECTOR OF FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOHN SETKA, SHAUN REARDON, DEREK CHRISTOPHER, ELIAS SPERNOVASILIS, BILL OLIVER, RALPH EDWARDS, GARETH STEPHENSON, CRAIG JOHNSON, NICK SALTA and DAVID LYTHGO and GROCON PTY LTD, GROCON BUILDERS (VIC) PTY LTD, GROCON (FCAD) PTY LTD, GROCON CONSTRUCTORS (VICTORIA) PTY LTD and GROCON CONSTRUCTORS (VIC) PTY LTD
File number: VID 774 of 2012
Judge: TRACEY J
Date of judgment: 24 July 2014
Catchwords: PRACTICE AND PROCEDURE – application to adjourn trial INDUSTRIAL LAW – application of s 553 of the Fair Work Act 2009 (Cth) – where respondents convicted of criminal contempt in the Supreme Court of Victoria – convictions being appealed – whether proceedings in the Supreme Court constitute "criminal proceedings" – whether s 553 operates where contempt of court alleged
Legislation: Fair Work Act 2009 (Cth) – ss 348, 355, 552, 553, 570 Fair Work (Registered Organisations) Act 2009 (Cth) – s 312 Federal Court of Australia Act 1976 (Cth) – ss 37M, 37N, 37P Supreme Court (General Civil Procedure) Rules 2005 (Vic) – O 75
Cases cited: Ahnee v Director of Public Prosecutions [1999] 2 AC 294 – cited Australian Consolidated Press Limited v Morgan (1965) 112 CLR 483 – cited Australian Securities and Investments Commission v Sigalla (No 4) (2011) 80 NSWLR 113 – cited Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd [2013] VSCA 378 – cited General Manager of the Fair Work Commission v Thomson [2013] FCA 380 – applied Hinch v Attorney-General (Vic) (1987) 164 CLR 15 – considered Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 – cited Re Colina; ex parte Torney (1999) 200 CLR 386 – cited Registrar of the Court of Appeal v Maniam (No 2) (1992) 26 NSWLR 309 – cited Shamdasani v King-Emperor [1945] AC 264 – cited Witham v Holloway (1995) 183 CLR 525 – considered
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