Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 47

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 47 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 47

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and JOSEPH MYLES

File number: VID 282 of 2014

Judge: MORTIMER J

Date of judgment: 6 February 2015

Catchwords: INDUSTRIAL LAW – Application for a stay of proceeding – application of s 553 of the Fair Work Act 2009 (Cth) – where first respondent subject of contempt proceedings in Supreme Court of Victoria – whether conduct subject of contempt proceedings and civil penalty proceedings is "the same or substantially the same" – whether stay should be granted pursuant to principles set out in McMahon v Gould (1982) 7 ACLR 202 – relevance of overarching purpose of civil practice and procedure provisions set out in Part VB of the Federal Court of Australia Act 1976 (Cth) – application refused.

Legislation: Australian Crime Commission Act 2002 (Cth) ss 25A, 28, 30 Clean Waters Act 1970 (NSW) s 29(2)(a) Crimes Act 1958 (Vic) Criminal Assets Recovery Act 1990 (NSW) s 31D Fair Work (Registered Organisations) Act 2009 (Cth) s 312 Fair Work Act 2009 (Cth) ss 12, 363, 347, 348, 552, 553, 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Land and Environment Court Rules 1980 (NSW) Pt 6 Proceeds of Crime Act 2002 (Cth) Royal Commissions Act 1902 (Cth) Supreme Court (General Civil Procedure) Rules 2005 (Vic) O 75.06 Companies (New South Wales) Code s 541