The Honourable Robert Ian Viner v Australian Building Construction Employees & Builders Labourers Federation [1981] FCA 228

The Honourable Robert Ian Viner v Australian Building Construction Employees & Builders Labourers Federation [1981] FCA 228

The contempt motions were proceedings brought under s.31 of the Federal Court of Australia Act 1976 and were separate and distinct from the deregistration proceedings under the Conciliation and Arbitration Act 1904. The newspaper publishers were not thereby made parties to the deregistration proceedings and did not fall within the phrase "any other party to that proceeding" in s.197A. Assuming s.197A otherwise applied, it did not prevent an order for costs against the Federation, and the normal order that costs follow the event should be made under s.43 of the Federal Court of Australia Act 1976.

Jurisdiction
Australia
Judgment Date
04 December 1981
Procedural Posture
Costs Application Following Refusal of Motions for Contempt Arising in Deregistration Proceedings Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment on Costs
Outcome
The Federation was ordered to pay the costs of David Syme & Co. Limited and The Herald & Weekly Times Ltd. of the motions for contempt and the motion for costs, with a stay of 21 days.
Legal Topics
['application of S.197 a of the Conciliation and Arbitration Act 1904' 'costs in Federal Court Proceedings' 'nature of Contempt Proceedings' 'deregistration Proceedings' 'federal Court Jurisdiction and Powers']
['practice and Procedure' 'costs' 'contempt of Court' 'industrial Law'] ['application of S.197 a of the Conciliation and Arbitration Act 1904' 'costs in Federal Court Proceedings' 'nature of Contempt Proceedings' 'deregistration Proceedings' 'federal Court Jurisdiction and Powers']

Case Brief

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Procedural Posture

Costs Application Following Refusal of Motions for Contempt Arising in Deregistration Proceedings Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment on Costs

Legal Issues

  1. 1 ['Whether s.197A of the Conciliation and Arbitration Act 1904 applied to proceedings before the Federal Court of Australia.' 'Whether motions for contempt taken out in the deregistration proceedings were proceedings in a matter arising under the Conciliation and Arbitration Act 1904.' 'Whether David Syme & Co. Limited and The Herald & Weekly Times Ltd. were parties to the deregistration proceedings for the purposes of s.197A.' 'Whether the contempt motions were instituted vexatiously or without reasonable cause.' "Whether the Court should order the Federation to pay the publishers' costs."]

Ratio Decidendi

The contempt motions were proceedings brought under s.31 of the Federal Court of Australia Act 1976 and were separate and distinct from the deregistration proceedings under the Conciliation and Arbitration Act 1904. The newspaper publishers were not thereby made parties to the deregistration proceedings and did not fall within the phrase "any other party to that proceeding" in s.197A. Assuming s.197A otherwise applied, it did not prevent an order for costs against the Federation, and the normal order that costs follow the event should be made under s.43 of the Federal Court of Australia Act 1976.

Court Disposition

The Federation was ordered to pay the costs of David Syme & Co. Limited and The Herald & Weekly Times Ltd. of the motions for contempt and the motion for costs, with a stay of 21 days.

Orders

  • ['The Federation pay the costs of David Syme & Co. Limited and The Herald & Weekly Times Ltd. of the motions for contempt and this motion for costs.' 'Stay of 21 days.']