Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2016] FCA 504 File number: VID 698 of 2014
Judge: MIDDLETON J
Date of judgment: 11 May 2016
Catchwords: PRACTICE AND PROCEDURE – Alleged contraventions of the Competition and Consumer Act 2010 (Cth) – alleged contraventions of the Australian Consumer Law – stay of civil proceedings – criminal prosecution commenced – application by respondents for stay of civil proceedings until conclusion of criminal proceedings – application and ambit of McMahon v Gould guidelines – conduct forming basis of criminal charges substantially the same as contraventions alleged in civil proceeding.
Legislation: Australian Consumer Law Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Crimes Act 1958 (Vic) Criminal Code (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Sex Work Act 1994 (Vic)
Cases cited: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 5) [2013] FCA 369 Australian Securities and Investments Commission v Craigside Company Ltd (2013) 93 ACSR 176 Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487 Brisbane South Regional Health Council v Taylor (1996) 186 CLR 541 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 General Manager of the Fair Work Commission v Thomson [2013] FCA 380 Guglielmin v Trescowthick (No 3) (2005) 220 ALR 535 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Lee v R (2014) 308 ALR 252 McMahon v Gould (1982) 7 ACLR 202 ML v Australian Securities and Investments Commission (2013) 276 FLR 1 R v Laurence [1982] AC 510 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562 X7 v Australian Crime Commission (2013) 248 CLR 92 Yuill v Spedley Securities Ltd (in liq) (1992) 8 ACSR 272
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