Alfred v Lanscar [2007] FCA 1514

Alfred v Lanscar [2007] FCA 1514

The orders as formally published contained a clerical error and were incomplete. The Court, applying the slip rule, republished the orders as intended to reflect that the first respondent contravened s 298S(2)(a) and (b), and the second respondent was also in contravention. Penalties were imposed accordingly.

Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Civil / Post Judgment; Slip Rule Correction of Orders
Outcome
Orders corrected and republished; penalties imposed on respondents by consent.
Legal Topics
['union Membership' 'coercion' 'slip Rule' 'penalties']
['employment Law'] ['union Membership' 'coercion' 'slip Rule' 'penalties']

Case Brief

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Procedural Posture

Civil / Post Judgment; Slip Rule Correction of Orders

Legal Issues

  1. 1 ['Whether the respondents contravened s 298S(2)(a) and s 298S(2)(b) of the pre-reform Workplace Relations Act 1996 (Cth) by requiring painters to join the union to work on a particular site or by coercing non-members']

Ratio Decidendi

The orders as formally published contained a clerical error and were incomplete. The Court, applying the slip rule, republished the orders as intended to reflect that the first respondent contravened s 298S(2)(a) and (b), and the second respondent was also in contravention. Penalties were imposed accordingly.

Court Disposition

Orders corrected and republished; penalties imposed on respondents by consent.

Orders

  • ['Penalty of $2,000 imposed on the first respondent for contraventions of s 298S(2)(a) and (b).' 'Penalty of $10,000 imposed on the second respondent for contraventions of s 298S(2)(a) and (b).' 'Penalties to be paid into the Consolidated Revenue Fund within 28 days.' 'Declarations and orders take effect from 4 July...