Australian Building and Construction Commissioner v. Construction, Forestry, Mining and Energy Union & Anor

Case No.

M65/2017

Case Information

Lower Court Judgment

21/12/2016 Federal Court of Australia (Allsop CJ, North J, Jessup J)

[2016] FCAFC 184

Catchwords

Industrial law – Fair Work Act 2009 (Cth) – Where respondents admitted contravention of s 348 of the Act – Where pecuniary penalties imposed on respondents – Where primary judge ordered first respondent not to indemnify second respondent against penalties – Where Full Federal Court set aside order on basis that Court had no power to make such order – Whether Federal Court has power to order party not to indemnify another party in respect of pecuniary penalty order made under s 546.

Short particulars

Documents

12/05/2017 Hearing (SLA, Canberra)

25/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondents)

21/07/2017 Reply

05/09/2017 Hearing (Full Court, Melbourne) - VACATED

17/10/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/02/2018 Judgment (Judgment Summary)

Maxcon Constructions Pty Ltd v. Vadasz & Ors

Case No.

A17/2017

Case Information

Lower Court Judgment

8/02/2017 Supreme Court of South Australia (Blue J, Lovell J & Hinton J)

[2017] SASCFC 2

Catchwords

Jurisdiction – Error of law on face of record – Building and Construction Industry Security of Payment Act 2009 (SA) – Where adjudicator made determination that amount be paid by appellant – Where appellant sought judicial review of determination – Where Full Court considered it was required by Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 to follow Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (“Probuild”) – Whether Full Court erred in following Probuild and concluding that Act excluded judicial review on ground of error of law on face of record – Whether Full Court erred in holding that error of law in application of s 12 did not amount to jurisdictional error – Whether Full Court erred in holding that, if error enlivened Court’s jurisdiction to grant certiorari, appropriate order would be to partially set aside but partially preserve determination.

Short particulars

Documents

12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (First Respondent)

21/07/2017 Reply

09/11/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/02/2018 Judgment (Judgment summary)

Plaintiff M174/2016 v. Minister for Immigration and Border Protection & Anor

Case No.

M174/2016

Catchwords

Constitutional law – Migration – Migration Act 1958 (Cth) ss 57(2), 473CA, 473CC –Where plaintiff applied for Temporary Protection (Class  XD) (Subclass  785) visa – Where delegate of Minister refused to grant visa – Whether delegate failed to comply with s 57(2)  of  Act – If so, whether failure to comply with s 57(2) had consequence that there was no decision capable of referral to Immigration Assessment Authority under s 473CA or essential precondition for valid exercise of power by Authority under s 473CC not satisfied – Whether Authority failed to conduct review in accordance with Pt 7AA by unreasonably failing to exercise statutory powers to obtain or consider new information.

Short particulars

Documents

20/12/2016 Application for an order to show cause

04/01/2017 Submitting appearance (Second Defendant)

16/02/2017 Hearing (Single Justice, Melbourne)

22/02/2017 Hearing (Single Justice, Melbourne)

05/05/2017 Amended Application for an order to show cause

09/05/2017 Special case stated

17/05/2017 Hearing (Single Justice, Melbourne)

23/06/2017 Written submissions (Plaintiff)

23/06/2017 Chronology (Plaintiff)

31/07/2017 Written submissions (First Defendant)

14/08/2017 Reply

07/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

18/04/2018 Judgment (Judgment summary)

Woollahra Municipal Council v. Minister for Local Government & Ors

Case No.

S141/2017

Case Information

Lower Court Judgment

22/12/2016 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Ward JA)

[2016] NSWCA 380

Catchwords

Administrative law – Local Government Act 1993 (NSW) – Where Minister made proposal under s 218E(1) for forced amalgamation of Woollahra, Waverley and Randwick local government areas – Where Government published document disclosing part of analysis by KPMG – Where Delegate heard evidence in secret from KPMG – Whether obligation to hold inquiry under s 263(2A) did not permit evidence to be heard in secret and not disclosed to public – Whether Court of Appeal erred in failing to find that no prescribed inquiry at which there was examination of required statutory factors had been held – Whether Court of Appeal erred in failing to find that requirement to inquire into financial advantages and disadvantages of proposed amalgamation not discharged without having regard to specific financial advantages and disadvantages to residents and ratepayers of each local government area.

Documents

12/05/2017 Hearing (SLA, Canberra)

19/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

23/06/2017 Written submissions (Randwick City Council seeking leave to intervene)

07/07/2017 Written submissions (First Respondent)

21/07/2017 Reply

20/10/2017 Summons

26/10/2017 Hearing (Single Justice, Sydney)

29/11/2017 Hearing (Single Justice, Sydney) - Special leave revoked

Audio-visual recordings of Full Court hearings heard in Canberra

Case: Transport Accident Commission v. Katanas

Date: 11 May 2017

Transcript: Hearing

AV time: 1h 43m

 

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