The Honourable Robert Ian Viner & Ors v Australian Building Construction Employees & Builders Labourers Federation [1981] FCA 219

The Honourable Robert Ian Viner & Ors v Australian Building Construction Employees & Builders Labourers Federation [1981] FCA 219

The conduct of Mr. Winneke in proceeding with the inquiry under the Letters Patent does not constitute contempt of court, even where there is substantial overlap with Federal Court proceedings, as the inquiry is not a tribunal determining legal rights, is statutorily authorised, and does not usurp the power or function of the court.

Parties
Applicants: THE HONOURABLE ROBERT IAN VINER (who sues as the Minister of State for Industrial Relations) and HER MAJESTY THE QUEEN IN RIGHT OF THE STATE OF VICTORIA and HER MAJESTY THE QUEEN IN RIGHT OF THE STATE OF WESTERN AUSTRALIA; Respondent (v. No. 23 of 1981); Applicant (v. No. 24 of 1981): THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION; Respondents (v. No. 24 of 1981): THE COMMONWEALTH OF AUSTRALIA, THE STATE OF VICTORIA and JOHN SPENCE WINNEKE
Jurisdiction
Australia
Judgment Date
16 October 1981
Procedural Posture
Application (motions for Injunction) / Interlocutory (motion for Injunctive Relief)
Outcome
Application and motion refused; applications dismissed
Legal Topics
Royal Commissions, Contempt of Court, Jurisdiction, Injunctions
Administrative Law Industrial Law Constitutional Law Royal Commissions Contempt of Court Jurisdiction Injunctions

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Parties

THE HONOURABLE ROBERT IAN VINER (who sues as the Minister of State for Industrial Relations) and HER MAJESTY THE QUEEN IN RIGHT OF THE STATE OF VICTORIA and HER MAJESTY THE QUEEN IN RIGHT OF THE STATE OF WESTERN AUSTRALIA

Applicants

THE AUSTRALIAN BUILDING CONSTRUCTION EMPLOYEES' AND BUILDERS LABOURERS' FEDERATION

Respondent (v. No. 23 of 1981); Applicant (v. No. 24 of 1981)

THE COMMONWEALTH OF AUSTRALIA, THE STATE OF VICTORIA and JOHN SPENCE WINNEKE

Respondents (v. No. 24 of 1981)

Procedural Posture

Application (motions for Injunction) / Interlocutory (motion for Injunctive Relief)

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to restrain a Royal Commissioner from proceeding with an inquiry on grounds of apprehended contempt
  2. 2 Whether the conduct of the Commissioner constitutes contempt of court by proceeding with an inquiry overlapping with pending Federal Court proceedings

Ratio Decidendi

The conduct of Mr. Winneke in proceeding with the inquiry under the Letters Patent does not constitute contempt of court, even where there is substantial overlap with Federal Court proceedings, as the inquiry is not a tribunal determining legal rights, is statutorily authorised, and does not usurp the power or function of the court.

Court Disposition

Application and motion refused; applications dismissed

Orders

  • Motion in V. No. 23 of 1981 refused
  • Application in V. No. 24 of 1981 dismissed