Australian Building & Construction Commissioner v Abbott (No 3) [2011] FCA 340

Australian Building & Construction Commissioner v Abbott (No 3) [2011] FCA 340

The court may grant declaratory relief against defaulting respondents by relying on deemed admissions of pleaded facts, where there has been proper service, failure to comply with court orders, and no injustice arises; the relevant contraventions of industrial relations statutes and agreements are established on this basis.

Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Civil / Judgment on Default With Reasons and Orders for Declaratory Relief; Penalty Adjourned
Outcome
Declaratory relief granted against specified respondents on basis of deemed admissions; penalty and costs reserved pending further hearing.
Legal Topics
['declaratory Relief' 'orders on Default' 'non Compliance With Court Orders' 'unlawful Industrial Action' 'collective Agreements' 'deemed Admissions' 'default Judgment']
['industrial Law'] ['declaratory Relief' 'orders on Default' 'non Compliance With Court Orders' 'unlawful Industrial Action' 'collective Agreements' 'deemed Admissions' 'default Judgment']

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Procedural Posture

Civil / Judgment on Default With Reasons and Orders for Declaratory Relief; Penalty Adjourned

Legal Issues

  1. 1 ['Whether defaulting respondents contravened provisions of the Building and Construction Industry Improvement Act 2005 (Cth) and the Workplace Relations Act 1996 (Cth) by engaging in unlawful industrial action' 'Whether declaratory relief should be granted on the basis of deemed admissions due to respondents’ default/non-compliance with court orders' 'Appropriateness of granting relief without active participation of the respondents']

Ratio Decidendi

The court may grant declaratory relief against defaulting respondents by relying on deemed admissions of pleaded facts, where there has been proper service, failure to comply with court orders, and no injustice arises; the relevant contraventions of industrial relations statutes and agreements are established on this basis.

Court Disposition

Declaratory relief granted against specified respondents on basis of deemed admissions; penalty and costs reserved pending further hearing.

Orders

  • ['Declarations made as to contraventions of Building and Construction Industry Improvement Act 2005 (Cth), Workplace Relations Act 1996 (Cth), and specific collective agreements, by the 19th, 110th, 113th, 195th and 201st respondents on specified dates.' 'Determination of any pecuniary penalties adjourned to penalty...