Full Court Minute Books

Case B36/2015

Commonwealth of Australia v. Director, Fair Work Building Industry Inspectorate & Ors

Case No.

B36/2015

Related matter

B45/2015 - Construction, Forestry, Mining and Energy Union & Anor v. Director, Fair Work Building Industry Inspectorate & Anor

Case Information

Lower Court Judgment

1/05/2015 Federal Court of Australia (Dowsett J, Greenwood J, Wigney J)

[2015] FCAFC 59

Catchwords

Procedure – Civil penalty provisions – Where, in proceedings between respondent and the Construction, Forestry, Mining and Energy Union (“CFMEU”) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“CEPU”), respondent alleged that the CFMEU and CEPU contravened the Building and Construction Industry Improvement Act 2005 (Cth) – Where respondent sought pecuniary penalties and associated declaratory relief against the CFMEU and CEPU – Whether the High Court of Australia’s decision in Barbaro v The Queen affects submissions made regarding civil penalties.

Short Particulars

Documents

18/06/2015 Hearing (SLA, Canberra)

29/06/2015 Notice of appeal

22/07/2015 Written submissions (Appellant)

22/07/2015 Chronology (Appellant)

12/08/2015 Written submissions (Amicus curiae)

13/08/2015 Written submissions (First Respondent)

13/08/2015 Written submissions (Second and Third Respondents)

26/08/2015 Reply

13/10/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

09/12/2015 Judgment (Judgment summary)