Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director, Fair Work Building Industry Inspectorate v Ingham [2016] FCA 328 File number: QUD 491 of 2015
Judge: RANGIAH J
Date of judgment: 7 April 2016
Catchwords: STATUTORY INTERPRETATION – construction of s 73 of the Fair Work (Building Industry) Act 2012 (Cth) – whether the Director can bring a new proceeding which relates to matters the subject of a previous proceeding – natural or ordinary meaning – context and purpose – extrinsic material PRACTICE AND PROCEDURE – summary dismissal – whether no reasonable prospect of successfully prosecuting the proceedings – abuse of process – whether there is an existing matter – where previous proceeding settled – Director not a party to settlement – whether terms of settlement binding on Director – extent of overlap between matters the subject of current proceeding and of previous proceeding
Legislation: Constitution s 71, 76 and 77 Acts Interpretation Act 1901 (Cth) ss 15AA and 15AB Fair Work Act 2009 (Cth) ss 10, 343, 417, 421 and 539 Fair Work (Building Industry) Act 2012 (Cth) ss 3, 4, 9, 59A, 59C, 71, 73 and 73A Federal Court Rules 2011 (Cth) Rule 26.14, Div 26.2 Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2012 (Cth)
Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Australian Industry Group v AFMEPKIU (2002) 125 FCR 529 Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 Carr v State of Western Australia (2007) 232 CLR 138 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Commissioner of Taxation v Unit Trend Services Pty Ltd (2013) 250 CLR 523 Hadgkiss v CFMEU (No 4) [2007] FCA 425 Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1 Mills v Meeking (1990) 169 CLR 214 O'Shane v Harbour Radio Pty Ltd (2013) 85 NSWLR 698 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Rogers v The Queen (1994) 181 CLR 251 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 89 ALJR 750 Walton v Gardiner (1993) 177 CLR 378 Weiss v R (2005) 224 CLR 300
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