Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Pleadings Reinstatement) [2020] FCA 412 File numbers: NSD 1344 of 2017 NSD 1027 of 2018 NSD 1028 of 2018
Judge: PERRAM J
Date of judgment: 30 March 2020
Catchwords: PRACTICE AND PROCEDURE – whether to reinstate paragraphs of pleadings previously struck out – where strike out application made at commencement of trial – where impugned paragraphs sought to allege existence of transcripts and reports of Royal Commission into Trade Union Governance and Corruption EVIDENCE – hearsay – admissibility of transcripts and reports of Royal Commission into Trade Union Governance and Corruption – whether Royal Commission materials relevant for non-hearsay purpose
Legislation: Evidence Act 1995 (Cth) ss 55, 60
Date of hearing: 9-13, 16-20 and 26 March 2020
Registry: New South Wales
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 4
Counsel for the Applicants: Mr M Seck with Ms B Byrnes
Solicitor for the Applicants: McArdle Legal
Counsel for the Respondents: Mr B Walker SC with Mr B Docking
Solicitor for the Respondents: Taylor & Scott Lawyers
ORDERS NSD 1344 of 2017
BETWEEN: ANDREW QUIRK First Applicant
BRIAN MILLER Second Applicant
AND: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION First Respondent
DAVID NOONAN Second Respondent
FRANK O'GRADY (and others named in the Schedule) Third Respondent
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