Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (Bruce Highway Separate Question Case) [2018] FCA 771 File number: QUD 238 of 2018
Judge: WHITE J
Date of judgment: 28 May 2018
Catchwords: PRACTICE AND PROCEDURE – application for an order that a question of law be heard and determined separately – all parties support the application – potential for prolonged fragmentation of the trial process – application refused.
Legislation: Fair Work Act 2009 (Cth) ss 494, 497, 500, 550, 569A, 793 Federal Court Rules 2011 (Cth) r 30.01 Occupational Health and Safety Act 2004 (Vic) Work Health and Safety Act 2011 (Qld) s 81
Cases cited: Australian Building and Construction Commissioner v Powell [2017] FCAFC 89; (2017) 251 FCR 470 State of Western Australia v Galati [2017] FCA 236 Tepko Pty Ltd v Water Board [2001] HCA 19; (2001) 206 CLR 1
Date of hearing: 17 May 2018
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicant: Mr MT Brady QC
Solicitor for the Applicant: K & L Gates
Counsel for the Respondents: Mr LM Tiley
Solicitor for the Respondents: Hall Payne Lawyers
Counsel for the Intervener: Mr A Duffy QC
Solicitor for the Intervener: Crown Law
ORDERS QUD 238 of 2018
BETWEEN: AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER Applicant
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