Director of the Fair Work Building Industry Inspectorate v Cartledge (No 2) [2015] FCA 851

Director of the Fair Work Building Industry Inspectorate v Cartledge (No 2) [2015] FCA 851

A penalty of $12,000 is appropriate for Mr O'Connor's contempt having regard to culpability, the nature of the contempt, and need for deterrence. The contempt proceeding is not a matter arising under the Fair Work Act 2009 (Cth), so s 570 does not prevent a costs order; costs should be awarded to the applicant on a solicitor own client basis.

Jurisdiction
Australia
Judgment Date
14 August 2015
Procedural Posture
Interlocutory Application for Contempt Orders and Penalty Within Principal Civil Proceedings / Penalty and Costs Orders Following Finding of Contempt
Outcome
Second Respondent found in contempt and penalised; costs awarded to applicant.
Legal Topics
['injunctive Relief' 'contempt Penalties' 'costs Orders' 'union Right of Entry' 'fair Work Act Application']
['employment Law' 'industrial Law' 'contempt of Court' 'civil Procedure'] ['injunctive Relief' 'contempt Penalties' 'costs Orders' 'union Right of Entry' 'fair Work Act Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application for Contempt Orders and Penalty Within Principal Civil Proceedings / Penalty and Costs Orders Following Finding of Contempt

Legal Issues

  1. 1 ["What is the appropriate penalty for Jim O'Connor's contempt of court?" 'Whether s 570 of the Fair Work Act 2009 (Cth) applies to costs orders in this contempt application.']

Ratio Decidendi

A penalty of $12,000 is appropriate for Mr O'Connor's contempt having regard to culpability, the nature of the contempt, and need for deterrence. The contempt proceeding is not a matter arising under the Fair Work Act 2009 (Cth), so s 570 does not prevent a costs order; costs should be awarded to the applicant on a solicitor own client basis.

Court Disposition

Second Respondent found in contempt and penalised; costs awarded to applicant.

Orders

  • ["Jim O'Connor to pay a monetary penalty of $12,000 for contempt of court." "Jim O'Connor to pay the applicant's reasonably incurred costs of the interlocutory application dated 3 September 2014 on a solicitor own client basis."]