Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DP World Melbourne Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 2) [2019] FCA 1331
File number: VID 810 of 2019
Judge: SNADEN J
Date of judgment: 13 August 2019
Date of publication of reasons: 26 August 2019
Catchwords: INDUSTRIAL LAW – application for interlocutory injunctive relief – whether respondent should continue to be restrained from encouraging or organising industrial action in the form of a "go-slow" – weak prima facie case – balance of convenience – injunctions granted EVIDENCE – hearsay – whether evidence in the nature of admissions – whether evidence of the source of the previous representations has been led – whether evidence should be excluded on discretionary grounds – evidence excluded
Legislation: Evidence Act 1995 (Cth) ss 75, 81, 87, 135 Fair Work Act 2009 (Cth) ss 408, 413, 418, 420, 421, 539, 545, 550 Federal Court of Australia Act 1976 (Cth) s 23
Cases cited: Athens v Randwick City Council (2005) 64 NSWLR 58 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v O-I Operations (Australia) Pty Ltd [2019] FCA 1272 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2016] FCA 1129 Bullock v The Federated Furnishing Trades Society of Australasia (1985) 5 FCR 464 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd (2009) 184 IR 333 De Bortoli Wines Pty Ltd v HIH Insurance Ltd (in liq) (2011) 200 FCR 253 DP World Melbourne Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1209 Hamersley Iron Pty Ltd v National Competition Council (2008) 247 ALR 385 Prior v Wood [2017] FCA 193 Samsung Electronics Co. Ltd v Apple Inc. (2011) 217 FCR 238 Smith v Comcare (2014) 64 AAR 205 Undershaft (No 1) Ltd and Another v Federal Commissioner of Taxation (2009) 175 FCR 150 Woolworths Limited v BP PLC (2006) 154 FCR 97 Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78
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