Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chevron Australia Pty Ltd v The Maritime Union of Australia (No 2) [2016] FCA 768 File number: WAD 145 of 2012
Judge: GILMOUR J
Date of judgment: 30 June 2016
Catchwords: INDUSTRIAL LAW – declaration that the respondent engaged in unprotected industrial action in contravention of section 417 of the Fair Work Act 2009 (Cth) – the principles regarding the Court's power to make declarations under section 21 of the Federal Court Act 1976 (Cth) – declarations made in reliance upon a statement of agreed facts as evidence in support of the proposed declarations
Legislation: Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 191 Fair Work (Registered Organisations) Act 2009 (Cth) s 27 Fair Work Act 2009 (Cth) ss 19(1)(a)-(c), 417, 421 Federal Court Act 1976 (Cth) s 21
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2006) 236 ALR 665 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Ainsworth v Criminal Justice Commissioner (1992) 175 CLR 564 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Hadgkiss v Aldin (No 2) [2007] 169 IR 76 Secretary, Department of Health Ageing v Pegasa Australia Pty Ltd [2008] FCA 1545 Tobacco Institute of Australia Ltd v Australian Consumer Organisations Inc (No 2) (1993) 41 FCR 89
Date of hearing: 18 April 2016
Registry: Western Australia
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