CPSU, The Community and Public Sector Union v Telstra Corporation Ltd [2001] FCA 564

CPSU, The Community and Public Sector Union v Telstra Corporation Ltd [2001] FCA 564

The existence of s 30, which expressly provides for the Full Court to grant a new trial either generally or on particular issues only, confirms the earlier conclusion that an order under s 28(1)(c) does not produce a new trial, although the reasoning would be different once s 30 is taken into account.

Jurisdiction
Australia
Judgment Date
14 May 2001
Procedural Posture
Practice and Procedure / Supplementary Ruling
Outcome
Supplementary ruling made; s 30 was noted as confirming the earlier conclusion that the applicant unions would not be permitted to cross-examine Mr Cartwright on the further hearing.
Legal Topics
['federal Court Appeal Powers' 'new Trial' 'further Hearing' 'cross Examination']
['practice and Procedure'] ['federal Court Appeal Powers' 'new Trial' 'further Hearing' 'cross Examination']

Case Brief

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Procedural Posture

Practice and Procedure / Supplementary Ruling

Legal Issues

  1. 1 ['Whether the applicant unions would be permitted to cross-examine Mr Cartwright on the further hearing ordered by the Full Court.' 'The relationship between s 28(1)(c), s 28(1)(f) and s 30 of the Federal Court of Australia Act 1976 (Cth) concerning further hearings and new trials.']

Ratio Decidendi

The existence of s 30, which expressly provides for the Full Court to grant a new trial either generally or on particular issues only, confirms the earlier conclusion that an order under s 28(1)(c) does not produce a new trial, although the reasoning would be different once s 30 is taken into account.

Court Disposition

Supplementary ruling made; s 30 was noted as confirming the earlier conclusion that the applicant unions would not be permitted to cross-examine Mr Cartwright on the further hearing.

Orders

  • []