Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCA 592 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCA 592
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD
File number: QUD 657 of 2014
Judge: LOGAN J
Date of judgment: 14 May 2015
Catchwords: PRACTICE AND PROCEDURE – pleadings – strike-out application – where proposed amended statement of claim struck out whole of existing pleading and set out fresh pleading – whether claims properly pleaded in proposed amended statement of claim – proposed amended statement of claim mixed evidence and allegations of fact with respect to contraventions – need for precision of pleading in penal proceeding – applicant to file fresh statement of claim INDUSTRIAL LAW – proceedings for a civil penalty – failure by applicant to plead facts alleging contravention of s 50 of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 50, 551 Federal Court Rules 2011 (Cth) r 1602, r 16.21, r 16.59
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCA 1431 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FCAFC 25 applied Environment Protection Authority v Sydney Water Corporation Limited (1997) 98 ACSR 481 applied Forrest v Australian Securities and Investment Commission (2012) 247 CLR 486 cited
Date of hearing: 14 May 2015
Place: Brisbane
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