The Australian Building Construction Employees and Builders Labourers Federation [1982] FCA 147

The Australian Building Construction Employees and Builders Labourers Federation [1982] FCA 147

The Federation’s conduct, including the imposition of bans and statements made at hearings and conferences, was intended and had the tendency to interfere with the course of justice by intimidating participants and witnesses in deregistration proceedings. The charge against Gallagher and Boyd was not sufficiently particularized as to the specific conduct constituting contempt; therefore, findings against them could not stand and were set aside. The penalty imposed on the Federation was appropriate given the seriousness and potential impact of its conduct.

Parties
Appellant/respondent: The Australian Building Construction Employees' and Builders' Labourers' Federation; Appellant/respondent: Norman L. Gallagher; Appellant/respondent: B. Boyd; Respondent/applicant: The Honourable Robert Ian Viner (Minister of State for Industrial Relations); Respondent/applicant: Australian Federation of Construction Contractors; Respondent/applicant: Master Builders' Federation of Australia Incorporated; Respondent/applicant: Master Builders' Association of New South Wales; Respondent/applicant: Master Builders' Association of Victoria; Respondent/applicant: Master Builders' Association of South Australia (Incorporated); Respondent/applicant: Master Builders' Association of the Australian Capital Territory; Respondent/applicant: Master Builders' Association of Western Australia (Union of Employers Perth)
Jurisdiction
Australia
Judgment Date
21 July 1982
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia
Outcome
The appeal by the Federation dismissed; appeals by Gallagher and Boyd allowed. Convictions and penalties for Gallagher and Boyd set aside. Fine against Federation affirmed with variation to payment deadline. Federation to pay respondents' costs of appeal.
Legal Topics
Criminal Contempt, Deregistration Proceedings, Industrial Bans, Federal Court Procedure, Penalty Assessment, Compulsory Conference Evidence Admissibility
Criminal Law Industrial Law Contempt of Court Criminal Contempt Deregistration Proceedings Industrial Bans Federal Court Procedure Penalty Assessment +1 more

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Parties

The Australian Building Construction Employees' and Builders' Labourers' Federation

Appellant/respondent

Norman L. Gallagher

Appellant/respondent

B. Boyd

Appellant/respondent

The Honourable Robert Ian Viner (Minister of State for Industrial Relations)

Respondent/applicant

Australian Federation of Construction Contractors

Respondent/applicant

Master Builders' Federation of Australia Incorporated

Respondent/applicant

Master Builders' Association of New South Wales

Respondent/applicant

Master Builders' Association of Victoria

Respondent/applicant

Master Builders' Association of South Australia (Incorporated)

Respondent/applicant

Master Builders' Association of the Australian Capital Territory

Respondent/applicant

Master Builders' Association of Western Australia (Union of Employers Perth)

Respondent/applicant

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether statements made by officers in compulsory conference are admissible as evidence of contempt
  2. 2 Whether the statement of charge was sufficiently particularized against officers
  3. 3 Whether the conduct constituted criminal contempt in relation to interference in deregistration proceedings

Ratio Decidendi

The Federation’s conduct, including the imposition of bans and statements made at hearings and conferences, was intended and had the tendency to interfere with the course of justice by intimidating participants and witnesses in deregistration proceedings. The charge against Gallagher and Boyd was not sufficiently particularized as to the specific conduct constituting contempt; therefore, findings against them could not stand and were set aside. The penalty imposed on the Federation was appropriate given the seriousness and potential impact of its conduct.

Court Disposition

The appeal by the Federation dismissed; appeals by Gallagher and Boyd allowed. Convictions and penalties for Gallagher and Boyd set aside. Fine against Federation affirmed with variation to payment deadline. Federation to pay respondents' costs of appeal.

Orders

  • Finding that the Australian Building Construction Employees' and Builders' Labourers' Federation guilty of contempt affirmed
  • Fine of $15,000 imposed on Federation affirmed, payment deadline varied to 30 July 1982