Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Evidence) [2020] FCA 341

Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Evidence) [2020] FCA 341

Mr Quirk's third affidavit and accompanying folder were admissible because they were tendered only to show what Mr Quirk would have put before the Divisional Executive, not to prove the truth of their contents. The late and bulky bundle did not warrant exclusion because the Respondents could not identify prejudice to the conduct of their case, while exclusion would prejudice the Applicants. However, any transcripts of evidence given by Mr Darren Greenfield to the Royal Commission could not be used against him in light of s 6DD of the Royal Commissions Act 1902 (Cth).

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Evidence Ruling in Federal Court Employment & Industrial Relations Proceeding / Fifth Day of Trial; Objection to Reading Mr Andrew Quirk's Third Affidavit Sworn 12 March 2020 and Tendering Accompanying Folder of Documents
Outcome
Objection rejected subject to conditions; affidavit read and folder received as Exhibit 7 on a non-hearsay basis and not to be used against Mr Darren Greenfield insofar as it contained his Royal Commission evidence.
Legal Topics
['hearsay' 'non Hearsay Purpose' 'admissibility of Royal Commission Transcripts and Reports' 'procedural Default' 'case Management' 'royal Commissions Act 1902 (cth) S 6 Dd']
['evidence' 'practice and Procedure' 'employment and Industrial Relations'] ['hearsay' 'non Hearsay Purpose' 'admissibility of Royal Commission Transcripts and Reports' 'procedural Default' 'case Management' 'royal Commissions Act 1902 (cth) S 6 Dd']

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Procedural Posture

Evidence Ruling in Federal Court Employment & Industrial Relations Proceeding / Fifth Day of Trial; Objection to Reading Mr Andrew Quirk's Third Affidavit Sworn 12 March 2020 and Tendering Accompanying Folder of Documents

Legal Issues

  1. 1 ["Whether Mr Quirk's third affidavit and accompanying folder referring to Royal Commission reports, transcripts and statements were admissible for a non-hearsay purpose." "Whether the Applicants' delay and the volume and organisation of the supporting documents justified exclusion on case management grounds." 'Whether s 6DD of the Royal Commissions Act 1902 (Cth) prevented use of transcript evidence given by Mr Darren Greenfield before the Royal Commission against him.']

Ratio Decidendi

Mr Quirk's third affidavit and accompanying folder were admissible because they were tendered only to show what Mr Quirk would have put before the Divisional Executive, not to prove the truth of their contents. The late and bulky bundle did not warrant exclusion because the Respondents could not identify prejudice to the conduct of their case, while exclusion would prejudice the Applicants. However, any transcripts of evidence given by Mr Darren Greenfield to the Royal Commission could not be used against him in light of s 6DD of the Royal Commissions Act 1902 (Cth).

Court Disposition

Objection rejected subject to conditions; affidavit read and folder received as Exhibit 7 on a non-hearsay basis and not to be used against Mr Darren Greenfield insofar as it contained his Royal Commission evidence.

Orders

  • ['The affidavit of Mr Andrew Quirk sworn on 12 March 2020 be read and the supporting folder of documents accompanying the affidavit be tendered as Exhibit 7, subject to the following conditions:' 'The affidavit and Exhibit 7 not be received to prove the truth of their contents.' 'To the extent that the affidavit and...