Director of the Fair Work Building Industry Inspectorate v O'Connor [2016] FCA 856

FEDERAL COURT OF AUSTRALIA

Director of the Fair Work Building Industry Inspectorate v O'Connor [2016] FCA 856 File number: SAD 253 of 2014

Judge: BESANKO J

Date of judgment: 29 July 2016

Catchwords: PRACTICE AND PROCEDURE – whether applicant can read evidence taken in another proceeding – where other proceeding an application for contempt against a party in this proceeding – where common substratum of facts in both proceedings – where some parties not parties in other proceeding – where judge in other proceeding declared witness to be a hostile witness – where judge in other proceeding had significant reservations about reliability of witness and found his evidence inconsistent in some respects – Federal Court Rules 2011 (Cth), r 30.25

Legislation: Evidence Act 1995 (Cth) s 38 Fair Work Act 2009 (Cth) s 500 Federal Court Rules 2011 (Cth) r 30.25

Cases cited: Director of the Fair Work Building Industry Inspectorate v Cartledge [2014] FCA 1047 Director of the Fair Work Building Industry Inspectorate v Cartledge [2015] FCA 453

Date of hearing: 15 April 2016

Registry: South Australia

Division: Fair Work Division

National Practice Area: Employment and Industrial Relations

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr I Neil SC with Mr D Chin

Solicitor for the Applicant: Clayton Utz

Counsel for the Respondents: Mr M Abbott QC with Mr M Ats

Solicitor for the Respondents: Lieschke & Weatherill Lawyers

ORDERS SAD 253 of 2014

BETWEEN: DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE Applicant