Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v McDermott [2017] FCA 504 File number: SAD 39 of 2016
Judge: CHARLESWORTH J
Date of judgment: 12 May 2017
Catchwords: PRACTICE AND PROCEDURE — application to amend statement of claim — civil remedy proceedings —after close of parties' cases on evidence — pleader's inadvertence — whether amendments infringe or undermine the individual respondents' privilege against self-exposure to penalty — whether a corporate respondent in civil remedy proceedings has an obligation to plead matters rendering applicant's case not maintainable — leave to amend granted
Legislation: Fair Work Act 2009 (Cth), ss 348, 363, 481, 482, 483, 484, 494, 495, 496, 497, 498, 499, 500, 510, 513, 793 Federal Court of Australia Act 1976 (Cth), s 37M Trade Practices Act 1974 (Cth) Work, Health and Safety Act 2012 (SA), ss 117, 118 Federal Court Rules 2011, r 16.08, 16.53
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Competition and Consumer Commission v FFE Building Services Ltd (2003) 130 FCR 37 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1287 Intelmail Explorenet Pty Limited v Vardanian (No 2) [2009] FCA 1018, (2009) 82 IPR 281 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2014] FCA 1032 Ketteman v Hansel Properties Ltd [1987] AC 189 Pascoe v Boensch [2009] FCA 1240 Perry v Police [2006] SASC 136 Ramsey v Sunbuild (2014) 221 FCR 213 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2, (2016) 332 ALR 19 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm), in the matter of Tamaya Resources Limited (in liq) [2015] FCA 1098 Water Board v Moustakas (1988) 180 CLR 491
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