Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 970

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCA 970 File number: VID 195 of 2016

Judge: O'CALLAGHAN J

Date of judgment: 21 August 2017

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend statement of claim – application for leave to further amend defence – application to strike out defence in part

Legislation: Fair Work Act 2009 (Cth), ss 363 and 793

Cases cited: Australian Property Custodian Holdings Ltd (in liq) (recs and mgrs apptd) (controllers apptd) v Woolridge (No 2) [2012] VSC 576; 93 ACSR 130

Date of hearing: 19, 23 June 2017

Registry: Victoria

Division: Fair Work

National Practice Area: Employment and Industrial Relations

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr M J Follett

Solicitor for the Applicant: Minter Ellison

Counsel for the Respondents: Ms S Kelly

Solicitor for the Respondents: Construction, Forestry, Mining and Energy Union – Legal Branch

ORDERS VID 195 of 2016

BETWEEN: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER

Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

JOSEPH MYLES

Second Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 21 August 2017

THE COURT ORDERS THAT:

1. Within seven days, the applicant file and serve the amended statement of claim substantially in the form of the document handed to the Court at the hearing on 19 June 2017. 2. Within 30 days, the respondents file and serve their further amended defence consistent with the Court's reasons of today's date. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.