Summaries of ABCC court cases are available below. Cases have been organised into current and finalised matters. To refine your search use the filter available on the right.
A directions hearing is scheduled for 12 June 2012 in the Federal Magistrates Court in Canberra.
The proceeding will be listed for a directions hearing after 27 July 2012.
The trial was adjourned on 16 April 2012 to 26 - 27 July 2012.
An interlocutory application was heard on 5 October 2011 when the Court ordered a stay of proceedings pending the finalisation of criminal charges arising from events related to the subject matter of this proceeding.
A three-day committal hearing for the criminal matter was held on 6-8 February 2012. Mr Hudson pleaded guilty to one count of offensive behaviour and was fined $500 with no conviction recorded. Mr Setka pleaded guilty to one count of offensive behaviour and was convicted and fined $750.
The ABCC filed proceedings on 23 April 2012.
The matter has been set down for hearing in the Federal Court in Brisbane on 11-21 September 2012.
The ABCC launched legal proceedings on 4 May 2012.
Court made Orders on 3 May that a penalty of $20,000 be imposed on the CFMEU and the penalty be paid into the consolidated revenue fund by 1 June 2012.
On 12 August 2011 the Federal Court in Perth upheld the ABCC’s motion that this proceeding be hear together with ABCC v McDonald and CFMEU and ABCC v CFMEU, McDonald and Buchan. A further court date has not been scheduled at this time.
Directions hearing 5 June 2012.
Directions hearing scheduled for 5 June 2012.
A hearing on liability is scheduled for 3-6 September 2012.
Directions hearing scheduled for 9.30am on 18 May 2012
Matter set down for trial starting 14 November 2012.
A directions hearing is scheduled for 10 May 2012.
A Hearing of the Respondents’ Interlocutory Application is scheduled on 13 March 2012. A Directions Hearing is scheduled on 11 May 2012. The matter has been set down for a five day hearing commencing 16 July 2012.
On 22 August 2011 the Federal Court in Perth handed down decision on liability.
A penalty hearing is scheduled for 5-6 June 2012. Two respondents have appealed against the decision on liability.
The appeal is scheduled to be heard on 21 May 2012.
Penalties were awarded in this matter on 21 July 2011. The Respondents have appealed in relation to compensation awarded but, on 27 March 2012, the Court upheld the order.
Contempt of court proceedings have also been instituted in relation to this matter. A hearing in relation to the contempt allegations is scheduled for 3-6 September 2012.
Directions were given on 10 April 2012. A further directions hearing is scheduled for 11 May 2012. The matter has been set down for a three day hearing commencing 23 July 2012.
On 27 February 2012 the ABCC filed an appeal against the magistrate’s decision to dismiss the case
Matter listed for penalty hearing on 30 April 2012.
Judgment was handed down on 25 November 2011 dismissing the Inspector's application. An appeal was then filed on 14 December 2011.
On 5 October 2011, FM Turner made the orders as agreed by the parties, imposing a $13,000 penalty on the CFMEU for contraventions of s.756 and s.768 of the Workplace Relations Act 1996.
Closing arguments on liability were heard on 22 April 2010. The decision has been reserved.
On 11 February 2011 the Federal Magistrates’ Court at Perth found that the respondent’s contravened section 790(1)(a)(i) of the FW Act (false and misleading statements). A penalty hearing was held on 11 May 2011. The decision has been reserved.
A penalty hearing took place on 6 December 2010. The decision was reserved.
$50,000 CFMEU
- Professional Gyprock Solutions Pty Ltd: $16,000
- Lin Qiao: $3,000
On 12 December 2011 the Federal Court in Perth imposed penalties totalling $192,500 on the CFMEU, $38,500 on Mr McDonald for unlawful industrial action and coercion to make an agreement. The CFMEU was also ordered to pay $19,000 ABCC’s costs. Justice Barker will issue reasons for the decision at a later date.
AWU, CEPU, AMWU and three union representatives penalised a total of $29,500 in this proceeding.
A total of $75,000 applied to 4 proceedings relating to the Maryvale Pulp Mill expansion project.
The ABCC discontinued the proceedings on 2 December 2010.
CFMEU and four officials $110,000
Application dismissed despite admission of breach on 30 November 2005.
Numerous – total of $883,200.
This matter was filed in the Federal Court at Brisbane on 24 December 2007. The matter was discontinued on the basis that the applicant would pay the respondents' costs in the sum of $16,000 on 8 October 2008.
Permit suspended for 2 months.
Application dismissed.
On 26 February 2010 Commissioner Cargill dismissed the application.
AWU, CEPU, AMWU and three union representatives $75,000 applied to 4 proceedings relating to the Maryvale Pulp Mill expansion project.
Applicants alleged an ABCC investigation is being carried out for an improper purpose. The applicants were ordered to pay the ABCC's costs.
- Mr Benstead: $2000
- Mr Beattie: $1000
- CFMEU: $10,000
The ABCC discontinued the proceedings on 8 September 2010.