Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v Duluxgroup (Australia) Pty Ltd [2022] FCA 357 File number(s): QUD 382 of 2021
Judgment of: COLLIER J
Date of judgment: 7 April 2022
Catchwords: PRACTICE AND PROCEDURE – joinder application by a third party under r 1.02 of the Federal Court Rules 2011 (Cth) – whether joinder is necessary to ensure that each issue in dispute is heard and finally determined – whether joinder necessary to avoid multiplicity of proceedings – third party unable to demonstrate a direct material effect on its legal interests as a result of the present proceeding – application for joinder dismissed PRACTICE AND PROCEDURE – alterative application for leave to intervene made by a third party under r 9.12 of the Federal Court Rules 2011 (Cth) – whether contribution would be different from the parties and useful – whether intervention would interfere with the parties' ability to conduct proceedings – whether any direct or indirect right of the third party – whereas the content of the third party's submissions is unclear – whereas intervention would hinder the conduct of the substantive matter – no identification of direct or indirect interests affected – application for intervention dismissed
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Application by Construction, Forestry, Maritime, Mining and Energy Union [2021] FWC 3786 Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd t/a DuluxGroup [2021] FWCFB 6020 Construction, Forestry, Mining and Energy Union v CSBP Limited [2012] FCAFC 48 ECAP Finance Pty Ltd v Ottoway Engineering Pty Ltd [2017] FCA 237 Federated Engine Drivers and Firemen's Union WA v Mt Newman Mining Co Pty Ltd (1977) 57 WAIG 794 Grant v BHP Coal Pty Ltd [2015] FCA 329 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Levy v Victoria [1997] HCA 31 Kadam v MiiResorts Group 1 Pty Ltd [2016] FCA 1205 Karellas Investments Pty Ltd v FW Projects Pty Limited (in liq) [2021] FCA 870 McAlister v State of New South Wales [2014] FCA 702 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 3) [2015] FCA 542 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Re Coldham and Others, Ex parte Australian Workers' Union [1984] HCA 62 Roadshow Films Pty Ltd v iiNet Ltd (2011) 248 CLR 37
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