John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 1032

FEDERAL COURT OF AUSTRALIA

John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 1032 Citation: John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 1032

Parties: JOHN HOLLAND PTY LTD v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, MICK BUCHAN, JOSEPH MCDONALD, MATTHEW WATERS, SEAMUS BYRNE, RAY MCMURRICH, MATT BALDE, PETER JOSHUA, STEVE MCCANN, TAWA HARRIS, JOE STAVLIC and PHIL KENNEDY and DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE (Intervener)

File number: WAD 133 of 2013

Judge: BARKER J

Date of judgment: 23 September 2014

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to strike out first respondent's further amended defence – where individual respondents entitled to claim privilege against self-exposure to penalty – whether first respondent's defence relies on penalty privilege of others and fails to comply with Federal Court Rules 2011 (Cth) – whether first respondent is obliged to make relevant inquiries to inform itself in order to plead defence – interlocutory application to strike out paragraphs of applicant's amended statement of claim, for further and better particulars or to produce contracts and subcontracts – whether contracts and subcontracts are relevant to claim and ought to be produced for inspection – whether confidentiality regime should be ordered in respect of these documents

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) R 16.02(1)(c), R 16.02(1)(d), R 16.02(2), R 16.03(1)(b), R 16.07, R 16.07(1), R 16.07(2), R 16.07(3), R 16.07(4), R 16.08, R 16.21