Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chappell v Griffin Coal Mining Company Pty Ltd [2016] FCA 1248 File number: WAD 453 of 2016
Judge: MCKERRACHER J
Date of judgment: 21 October 2016
Catchwords: EVIDENCE – industrial law – interlocutory application for injunction to restrain use of video recording – where video recording secretly obtained by company security guard – where company seeks to use the recording in connection with disciplinary and possible termination action – where applicant's characterisation of conversation changed at the hearing – whether private conversation – identification of parties to conversation
Legislation: Fair Work Act 2009 (Cth) ss 340(1), 343 Surveillance Devices Act 1998 (WA) ss 3, 5(1)(a), 6(1)(a), 9(1)
Cases cited: Alliance Craton Explorer Pty Ltd v Quasar Resources Ltd [2010] SASC 266 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Georgiou Building Pty Ltd v Perrinepod Pty Ltd [2012] WASC 72 Kelly v R (2004) 218 CLR 216 Re Surveillance Devices Act 1998; Ex Parte TCN Channel Nine Pty Ltd [1999] WASC 246 Tidy Tea Ltd v Unilever Australia Ltd (1995) 32 IPR 405
Date of hearing: 17 October 2016
Registry: Western Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 49
Counsel for the Applicants: Ms KA Vernon
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