Mudginberri Station Pty Ltd v. The Australasian Meat Industry Employees Union & Ors [1985] FCA 457

Mudginberri Station Pty Ltd v. The Australasian Meat Industry Employees Union & Ors [1985] FCA 457

The Australasian Meat Industry Employees Union was found to have wilfully breached the permanent injunctions made by Morling J on 12 July 1985 in contravention of s. 45D(1) of the Trade Practices Act 1974 by maintaining a picket line in circumstances not protected by s. 45D(3), thereby engaging in criminal contempt. The appropriate sanction was a substantial fine of $100,000 and issue of a writ of sequestration against the Union's assets, with costs ordered on a solicitor and client basis.

Parties
Applicant: Mudginberri Station Pty. Ltd.; First Respondent: The Australasian Meat Industry Employees Union; Second Respondent: Jack O'Toole; Third Respondent: Trevor Surplice; Fourth Respondent: Dick Annear; Fifth Respondent: Pat Roughan; Sixth Respondent: Meat Inspectors Association; Seventh Respondent: Gordon McColl; Eighth Respondent: Alex Thompson
Jurisdiction
Australia
Judgment Date
11 September 1985
Procedural Posture
Contempt of Court/trade Practices / Sentencing and Orders Following Finding of Contempt
Outcome
First respondent found guilty of contempt of court; fined and subjected to writ of sequestration; costs ordered against first respondent.
Legal Topics
Secondary Boycott, Injunctions, Enforcement of Court Orders, Section 45 D (trade Practices Act), Criminal Contempt
Trade Practices Industrial Law Contempt of Court Secondary Boycott Injunctions Enforcement of Court Orders Section 45 D (trade Practices Act) Criminal Contempt

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Parties

Mudginberri Station Pty. Ltd.

Applicant

The Australasian Meat Industry Employees Union

First Respondent

Jack O'Toole

Second Respondent

Trevor Surplice

Third Respondent

Dick Annear

Fourth Respondent

Pat Roughan

Fifth Respondent

Meat Inspectors Association

Sixth Respondent

Gordon McColl

Seventh Respondent

Alex Thompson

Eighth Respondent

Procedural Posture

Contempt of Court/trade Practices / Sentencing and Orders Following Finding of Contempt

Legal Issues

  1. 1 Whether the Australasian Meat Industry Employees Union breached the orders of the Federal Court made on 12 July 1985 by maintaining a picket line in contravention of s. 45D(1) of the Trade Practices Act 1974
  2. 2 Whether contempt was established and what sanction should be imposed

Ratio Decidendi

The Australasian Meat Industry Employees Union was found to have wilfully breached the permanent injunctions made by Morling J on 12 July 1985 in contravention of s. 45D(1) of the Trade Practices Act 1974 by maintaining a picket line in circumstances not protected by s. 45D(3), thereby engaging in criminal contempt. The appropriate sanction was a substantial fine of $100,000 and issue of a writ of sequestration against the Union's assets, with costs ordered on a solicitor and client basis.

Court Disposition

First respondent found guilty of contempt of court; fined and subjected to writ of sequestration; costs ordered against first respondent.

Orders

  • The Australasian Meat Industry Employees Union is fined $100,000 for breach of court orders of 12 July 1985.
  • The fine is to be paid to the Registrar within seven days of service of the order.