Lendlease Building Contractors Pty Ltd v Australian Building and Construction Commissioner [2020] FCA 240

Lendlease Building Contractors Pty Ltd v Australian Building and Construction Commissioner [2020] FCA 240

The CFMMEU has a sufficient interest in the proceedings, both direct and indirect, and proposes to advance arguments not otherwise advanced by the other parties, including a constitutional challenge. Granting leave to intervene will contribute usefully to the proceeding without unreasonably interfering with its conduct. Leave to intervene is therefore granted.

Jurisdiction
Australia
Judgment Date
03 March 2020
Procedural Posture
Interlocutory Application / Application for Leave to Intervene
Outcome
Leave to intervene granted to the CFMMEU.
Legal Topics
['intervention by Non Party' 'building and Construction Regulation' 'freedom of Association in Workplace']
['practice and Procedure' 'employment & Industrial Relations'] ['intervention by Non Party' 'building and Construction Regulation' 'freedom of Association in Workplace']

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Procedural Posture

Interlocutory Application / Application for Leave to Intervene

Legal Issues

  1. 1 ['Whether the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) should be granted leave to intervene in the proceeding under r 9.12 of the Federal Court Rules 2011 (Cth)' "The nature and sufficiency of the CFMMEU's interest in the subject matter of the proceedings" "Whether the CFMMEU's contribution would be useful and different from that of the principal parties" 'Potential for unreasonable interference in the proceedings through the intervention']

Ratio Decidendi

The CFMMEU has a sufficient interest in the proceedings, both direct and indirect, and proposes to advance arguments not otherwise advanced by the other parties, including a constitutional challenge. Granting leave to intervene will contribute usefully to the proceeding without unreasonably interfering with its conduct. Leave to intervene is therefore granted.

Court Disposition

Leave to intervene granted to the CFMMEU.

Orders

  • ['The Construction, Forestry, Maritime, Mining and Energy Union be granted leave to intervene in this proceeding, with such rights, privileges and liabilities as those of a party to the proceeding.' 'The question of costs (if any) arising from the interlocutory application be reserved.']