Australasian Meat Industry Employees Union v Sunland Enterprises Pty Ltd & Ors v. [1987] FCA 787

Australasian Meat Industry Employees Union v Sunland Enterprises Pty Ltd & Ors v. [1987] FCA 787

Applications to amend the informations to add alternative allegations (including threats to dismiss and alternative circumstances under s.5) are refused as they would result in the addition of new offences outside the statutory limitation period, which would be an injustice to the defendants under s.21A(3) of the Crimes Act 1914. Amendments that add new offences after expiry of limitation are not permitted, but particulars may be amended if not changing the offence itself.

Parties
Prosecutor: Australasian Meat Industry Employees' Union; Defendant: Sunland Enterprises Pty. Ltd.; Defendant: Heather Dawn Aldous; Defendant: Donald Charles Aldous
Jurisdiction
Australia
Judgment Date
08 December 1987
Procedural Posture
Criminal Prosecution (information and Summons) / Application for Leave to Amend Informations Prior to Plea/trial
Outcome
Applications for leave to amend refused
Legal Topics
Amendment of Informations, Limitation Periods, Duplicity in Charges, Dismissal for Union Membership, Threats to Dismiss, Burden of Proof in Industrial Offences
Criminal Law Industrial Law Court Procedure Amendment of Informations Limitation Periods Duplicity in Charges Dismissal for Union Membership Threats to Dismiss +1 more

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Parties

Australasian Meat Industry Employees' Union

Prosecutor

Sunland Enterprises Pty. Ltd.

Defendant

Heather Dawn Aldous

Defendant

Donald Charles Aldous

Defendant

Procedural Posture

Criminal Prosecution (information and Summons) / Application for Leave to Amend Informations Prior to Plea/trial

Legal Issues

  1. 1 Whether proposed amendments to informations were barred by limitation period under Crimes Act 1914 s.21(1)(c)
  2. 2 Whether proposed amendments would result in duplicity or ambiguity
  3. 3 Whether Federal Court's amendment provisions apply to criminal proceedings

Ratio Decidendi

Applications to amend the informations to add alternative allegations (including threats to dismiss and alternative circumstances under s.5) are refused as they would result in the addition of new offences outside the statutory limitation period, which would be an injustice to the defendants under s.21A(3) of the Crimes Act 1914. Amendments that add new offences after expiry of limitation are not permitted, but particulars may be amended if not changing the offence itself.

Court Disposition

Applications for leave to amend refused

Orders

  • Applications for leave to amend eighteen informations and summonses are refused