Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director, Fair Work Building Industry Inspectorate v Bolton (No 1) [2016] FCA 816 File numbers: SAD 59 of 2015 SAD 60 of 2015 SAD 61 of 2015
Judge: COLLIER J
Date of judgment: 19 July 2016
Catchwords: INDUSTRIAL LAW – s 500 and s 793 Fair Work Act 2009 (Cth) – whether union can be liable for contravention of s 500 PRACTICE AND PROCEDURE – interlocutory application not accepted for filing without leave of the Court – judgment reserved in principal proceedings – statement of agreed facts filed in principal proceedings – r 26.11 Federal Court Rules 2011 (Cth) – by interlocutory application respondent sought to withdraw admissions and amend pleadings in principal proceedings – principles in Featherby v Commissioner of Taxation [2016] FCA 454 considered – principles in Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 considered – s 37M Federal Court of Australia Act 1976 (Cth) – whether allowing interlocutory application in interests of justice – leave refused
Legislation: Fair Work Act 2009 (Cth) ss 500, 550, 550(2), 512, 793 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 1.37, 2.27(f), 26.11
Cases cited: Adelaide Steamship Co Ltd v Spalvins [1999] FCA 781 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Nursing and Midwifery Federation v Kaizen Hospitals (Essendon) Pty Ltd [2015] FCAFC 23 Australian Workers Union v Leighton Contractors Pty Ltd [2013] FCAFC 4 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 Darlaston v Parker [2010] FCA 771 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 199 Director of the Fair Work Building Industry Inspectorate v Robinson [2016] FCA 525 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Featherby v Commissioner of Taxation [2016] FCA 454 Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 100 FCR 530 Pickering, in the matter of Pickering [2009] FCA 809 Queensland v JL Holdings Pty Ltd [1997] HCA 1; (1997) 189 CLR 146 Worldwide Timber Trades Pty Ltd v Brouwer (No 2) [2009] FCA 447
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