The High Court will hear an appeal against a decision of the Full Federal Court on Federal Court powers to make additional orders when imposing a civil penalty. Mortimer J made an order barring the respondent union from paying the fines of one of its members or encouraging anyone else to do so, on the basis that four previous penalties had been made against him for industrial relations infringements, his willingness to tell jokes during a fifth incident, and his knowledge that court-imposed penalties could be covered by funds raised from public funds. The FCAFC held that the Federal Court holds no power to make such an order, and also held that Mortimer J denied the CFMEU procedural fairness in inferring that the penalties would be partially met through public funds.
|High Court Judgment|
|High Court Documents||ABCC v CFMEU
|Full Court Hearing|
|Special Leave Hearing|| HCATrans 106||12 May 2017|
|Appeal from FCAFC|| FCAFC 184||21 December 2016|
|Trial Judgment, FCA
|| FCA 436||13 May 2016|