A & L Silvestri Pty Ltd (ACN 052 514 799) v Construction, Forestry, Mining and Energy Union [2005] FCA 1658

A & L Silvestri Pty Ltd (ACN 052 514 799) v Construction, Forestry, Mining and Energy Union [2005] FCA 1658

There is practical overlap between the evidence relating to the applicants' claims, and hearing all matters together serves judicial economy without substantial injustice. Respondents in penalty proceedings must plead, subject to their privilege, with directions available if positive defence arises.

Parties
First Applicant: A & L Silvestri Pty Ltd (ACN 052 514 799); Second Applicant: Nigel Hadgkiss; First Respondent: Construction, Forestry, Mining and Energy Union; Second Respondent: Construction, Forestry, Mining and Energy Union (New South Wales Branch); Third Respondent: Peter Primmer; Fourth Respondent: Michael Lane; Fifth Respondent: David Kelly
Jurisdiction
Australia
Judgment Date
18 November 2005
Procedural Posture
Interlocutory Application / Reasons for Judgment and Interim Order
Outcome
Motion stands over for preparation of short minutes of order and submissions as to costs.
Legal Topics
Joinder of Parties, Privilege Against Self Incrimination, Pleading in Penalty Proceedings, Costs Liability
Practice and Procedure Employment Law Civil Procedure Joinder of Parties Privilege Against Self Incrimination Pleading in Penalty Proceedings Costs Liability

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Parties

A & L Silvestri Pty Ltd (ACN 052 514 799)

First Applicant

Nigel Hadgkiss

Second Applicant

Construction, Forestry, Mining and Energy Union

First Respondent

Construction, Forestry, Mining and Energy Union (New South Wales Branch)

Second Respondent

Peter Primmer

Third Respondent

Michael Lane

Fourth Respondent

David Kelly

Fifth Respondent

Procedural Posture

Interlocutory Application / Reasons for Judgment and Interim Order

Legal Issues

  1. 1 Whether joinder of parties and causes of action is permissible under Order 6 rule 2 of the Federal Court Rules
  2. 2 Application of privilege against self-incrimination to obligation to file a defence in penalty proceedings under the Workplace Relations Act
  3. 3 Responsibility for costs following joinder

Ratio Decidendi

There is practical overlap between the evidence relating to the applicants' claims, and hearing all matters together serves judicial economy without substantial injustice. Respondents in penalty proceedings must plead, subject to their privilege, with directions available if positive defence arises.

Court Disposition

Motion stands over for preparation of short minutes of order and submissions as to costs.

Orders

  • The motion stand over to enable short minutes of order to be prepared giving effect to these reasons and to hear submissions as to costs.