Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 627

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 627 Citation: Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 627

Parties: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AARON CARTLEDGE and MICHAEL MCDERMOTT

File number: SAD 248 of 2014

Judge: BESANKO J

Date of judgment: 23 June 2015

Catchwords: PRACTICE AND PROCEDURE – application to take evidence from a witness by audiovisual link from New Zealand – where the application was opposed – where there was no evidence from the witness as to the difficulties he would encounter with his employer if he was to return to Australia to give evidence – where there was no evidence from the witness' employer as to the employer's unwillingness to allow the witness to return to Australia to give evidence – where it was likely that the witness would be subject to substantial cross-examination – where the witness' credit was likely to be in issue – Trans-Tasman Proceedings Act 2010 (Cth) s 50. Held: Application dismissed.

Legislation: Evidence and Procedure (New Zealand) Act 1994 (Cth) s 25 Fair Work Act 2009 (Cth) ss 343, 363, 550 Federal Court of Australia Act 1976 (Cth) s 47A Trans-Tasman Proceedings Act 2010 (Cth) s 50

Cases cited: Blackrock Asset Management Australia Services Limited v Waked (No 2) [2011] FCA 479 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) and Another [2009] FCA 1306; (2009) 181 FCR 152 Corrigan v Commvault Systems (Australia) Pty Ltd and Another (2011) 192 FCR 71 Kirby v Centro Properties Ltd and Others [2012] FCA 60; (2012) 288 ALR 601