High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ
Matter No B36/2015
COMMONWEALTH OF AUSTRALIA APPELLANT
AND
DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE & ORS RESPONDENTS
Matter No B45/2015
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ANOR APPELLANTS
AND
DIRECTOR, FAIR WORK BUILDING INDUSTRY INSPECTORATE & ANOR RESPONDENTS
Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 9 December 2015 B36/2015 & B45/2015
ORDER
1. In each matter, appeal allowed.
2. Set aside paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 1 May 2015.
3. Remit the proceedings to the Federal Court for determination according to law.
On appeal from the Federal Court of Australia
Representation
J T Gleeson SC, Solicitor-General of the Commonwealth with T M Begbie and R C A Higgins for the appellant in B36/2015 and the second respondent in B45/2015 (instructed by Australian Government Solicitor)
J K Kirk SC with E P White for the appellants in B45/2015 and the second and third respondents in B36/2015 (instructed by Hall Payne Lawyers)
C J Murdoch for the first respondent in both matters (instructed by Norton Rose Fulbright)
C A Moore SC with D M Tucker appearing as amici curiae in B36/2015 (instructed by Australian Government Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate
Practice and procedure – Civil penalties – Whether submissions as to agreed penalty permissible – Whether Barbaro v The Queen (2014) 253 CLR 58 applies to civil penalty proceedings.
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