Australian Building and Construction Commissioner v O'Connor (No 3) [2018] FCA 43

FEDERAL COURT OF AUSTRALIA

Australian Building and Construction Commissioner v O'Connor (No 3) [2018] FCA 43 File number: SAD 253 of 2014

Judge: BESANKO J

Date of judgment: 6 February 2018

Catchwords: EVIDENCE – whether leave should be granted for a witness to revive their memory under s 32(1) of the Evidence Act 1995 (Cth) – whether the matters in s 32(2) of the Evidence Act are satisfied – whether leave should be granted for a witness to read aloud part of their evidence in accordance with s 32(3) of the Evidence Act – whether any of the factors listed under s 192(2) of the Evidence Act lead to the conclusion that leave for a witness to revive their memory under s 32(1) of the Evidence Act should be refused – whether evidence ought to be excluded or limited in its use under ss 135 or 136 of the Evidence Act – whether exceptions to the hearsay rule apply under ss 63 and 64 of the Evidence Act INDUSTRIAL LAW – whether the first respondent was seeking to exercise rights under Part 3-4 of the Fair Work Act 2009 (Cth) – whether the first and third respondents contravened ss 348, 355 and 500 of the Fair Work Act – whether the second respondent contravened ss 348 and 355 of the Fair Work Act – whether the third respondent is liable for a contravention of s 500 of the Fair Work Act by reason of ss 363 and 793 of the Fair Work Act – whether the second and third respondents contravened s 550 of the Fair Work Act – whether each of the respondents ought to pay pecuniary penalties under s 546 of the Fair Work Act COSTS – whether the applicant is liable to pay the respondents' costs of an adjournment pursuant to s 43 of the Federal Court of Australia Act 1976 (Cth) and s 570 of the Fair Work Act