Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 912

Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 3) [2011] FCA 912

The CFMEU's explanation for delay is accepted; there is no prejudice to the applicant from the delay; and the draft cross-claim against Lend Lease and sub-contractors is sufficiently related to the subject of proceedings to merit an extension of time to file and serve the cross-claim. Case management considerations warrant consideration of separate trials for the substantive proceedings and cross-claim.

Jurisdiction
Australia
Judgment Date
11 August 2011
Procedural Posture
Application / Interlocutory: Application for Extension of Time to File Cross Claim
Outcome
Application granted
Legal Topics
['sham Contracting' 'cross Claims' 'extension of Time' 'industrial Action' 'fair Work Act Contraventions' 'case Management']
['employment Law' 'construction Law' 'civil Procedure'] ['sham Contracting' 'cross Claims' 'extension of Time' 'industrial Action' 'fair Work Act Contraventions' 'case Management']

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Procedural Posture

Application / Interlocutory: Application for Extension of Time to File Cross Claim

Legal Issues

  1. 1 ['Whether respondent is entitled to file cross-claim against applicant and third parties' 'Principles relevant to extension of time for filing cross-claim' 'Connection of cross-claim to subject of substantive proceedings' 'Merits of cross-claim against applicant and third parties' 'Impact of service deficiency on discretion' 'Case management for separate hearings']

Ratio Decidendi

The CFMEU's explanation for delay is accepted; there is no prejudice to the applicant from the delay; and the draft cross-claim against Lend Lease and sub-contractors is sufficiently related to the subject of proceedings to merit an extension of time to file and serve the cross-claim. Case management considerations warrant consideration of separate trials for the substantive proceedings and cross-claim.

Court Disposition

Application granted

Orders

  • ['The Construction, Forestry, Mining and Energy Union file and serve a cross-claim in the terms annexed to the affidavit of Mr Charles Massy sworn 1 July 2011 by 4.00 pm on 19 August 2011.']