Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union

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 [2017] HCATrans 106 12 May 2017
Appeal from FCAFC [2016] FCAFC 184 21 December 2016
Trial Judgment, FCA
[2016] FCA 436 13 May 2016
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About Martin Clark

Martin Clark is a PhD Candidate and Judge Dame Rosalyn Higgins Scholar at the London School of Economics and Political Science and Research Fellow at Melbourne Law School. He holds honours degrees in law, history and philosophy from the University of Melbourne, and an MPhil in Law from MLS. While at MLS, he worked as a researcher for several senior faculty members, was a 2012 Editor of the Melbourne Journal of International Law, tutor at MLS and various colleges, a Jessie Legatt Scholar, and attended the Center for Transnational Legal Studies Program.