FEDERAL COURT OF AUSTRALIA
Ashby v Slipper (No 2) [2016] FCA 550
File number: NSD 580 of 2012 Judge: FLICK J Date of judgment: 19 May 2016 Catchwords: PRACTICE AND PROCEDURE – release from implied undertaking – jurisdiction of Court after proceeding concluded – considerations to be taken into account – the facilitation of a criminal investigation
PRACTICE AND PROCEDURE – power to make supplemental orders after conclusion of proceedings – application made by a former party
Legislation: Fair Work Act 2009 (Cth) Cases cited: Ashby v Commonwealth (No 4) [2012] FCA 1411, (2012) 209 FCR 65
Ashby v Slipper [2014] FCA 973
Ashby v Slipper [2014] FCAFC 15, (2014) 219 FCR 322
Ashby v Slipper [2016] FCAFC 63
Ashby v Slipper (No 2) [2014] FCAFC 67, (2014) 194 ALD 10
Australian Trade Commission v McMahon (1997) 73 FCR 211
Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476
Caboolture Park Shopping Centre Pty Ltd v White Industries (Qld) Pty Ltd (in liq) (1993) 45 FCR 224
Camp Curlewis Resorts Pty Ltd v Hamersley Iron Pty Ltd (Unreported, Federal Court of Australia, Branson J, 20 December 1994)
Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10
Hearne v Street [2008] HCA 36, (2008) 235 CLR 125
Holpitt Pty Ltd v Varimu Pty Ltd (1991) 29 FCR 576
Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3, (2005) 218 ALR 283
Plate Glass Holdings Pty Ltd v Fraser Gordon Investments Pty Ltd [2012] FCA 1487
Websyte Corporation Pty Ltd v Alexander [2012] FCA 69, (2012) 95 IPR 344
Date of hearing: 12 May 2016 Registry: New South Wales Division: Fair Work Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 16 Solicitor for the Applicant: Mr S Berry of Hilliard & Berry Solicitors Solicitor for the Respondent: Mr D Russell of Harmers Workplace Lawyers Counsel for the Applicant in the Interlocutory Proceeding: Mr A Berger for the Commonwealth of Australia Solicitor for the Applicant in the Interlocutory Proceeding: Australian Government Solicitor for the Commonwealth of Australia ORDERS
NSD 580 of 2012 BETWEEN: JAMES HUNTER ASHBY
Applicant
AND: PETER SLIPPER
Respondent
JUDGE:
FLICK J
DATE OF ORDER:
19 MAY 2016
THE COURT ORDERS THAT:
1.The Commonwealth of Australia has leave to use Exhibit RDM-2 and Exhibit RDM-3 to the Affidavit of Mr Rodney David McKemmish dated 24 April 2012 by providing them to the Commissioner of the Australian Federal Police (the “AFP”) to be used for the following purposes:
(i)the conduct of investigations by the AFP as to whether offences have occurred against the laws of the Commonwealth;
(ii)to obtain advice in relation to whether any offences have occurred against the laws of the Commonwealth; and
(iii)in evidence in relation to any prosecution for an offence against a law of the Commonwealth.
2.No order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
It…
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- AGLC
- Ashby v Slipper (No 2) [2016] FCA 550
- Case
- [2016] FCA 550
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The Commonwealth of Australia has leave to use Exhibit RDM-2 and Exhibit RDM-3 to the Affidavit of Mr Rodney David McKemmish dated 24 April 2012 by providing them to the Commissioner of the Australian Federal Police (the “AFP”) to be used for the following purposes:
(i) the conduct of investigations by the AFP as to whether offences have occurred against the laws of the Commonwealth;
(ii) to obtain advice in relation to whether any offences have occurred against the laws of the Commonwealth; and
(iii) in evidence in relation to any prosecution for an offence against a law of the Commonwealth.
2. No order as to costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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