Federal Court of Australia
Federal Court of Australia
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 3) [2021] FCA 1267 File number: VID 496 of 2018
Judgment of: SNADEN J
Date of judgment: 18 October 2021
Catchwords: PRACTICE AND PROCEDURE – relief in the form of pecuniary penalties granted – application for stay in respect of order pending appeal – notice of appeal contemplates partial challenge of court's judgment – portion of pecuniary penalties to remain payable irrespective of outcome of appeal – whether or two what extent orders might be stayed – applicant consents to partial stay – partial stay granted
Legislation: Fair Work Act 2009 (Cth) ss 499, 500 Federal Court Rules 2011 (Cth) r 41.03
Cases cited: Alexander v Cambridge Credit Corporation Ltd [1985] 2 NSWLR 685 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) [2020] FCA 1727 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 2) [2021] FCA 1101 Beijing Be Green Import & Export Co Ltd v Elders International Australia Pty Ltd (2014) 323 ALR 703 Coshott v Prentice [2013] FCA 1085 Elders International Australia Pty Ltd v Beijing Be Green Import & Export Co Ltd (2014) 324 ALR 194
Division: Fair Work Division
Registry: Victoria
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