Boral Resources (NSW) Pty Ltd v TWU of Australia NSW Branch

The case involved Boral Resources (NSW) Pty Ltd as the appellant and the TWU of Australia NSW Branch as the respondent. The dispute centred around the union's claim for damages arising from an alleged unlawful termination of employment. The case was heard by the Full Bench of the Federal Court of Australia. The central legal issue before the court was whether a separate hearing and determination of liability was permissible in the context of the union's claim for damages. The court had to consider whether the trial judge had erred in law by making a determination of liability prior to a final determination of the damages claim.

The court examined the procedural fairness and the principles underlying the separation of issues in litigation. It was noted that while there is a general preference for determining all issues in a single proceeding, there are circumstances where separate hearings and determinations are appropriate. The court considered the principles set out in previous cases and found that the trial judge had not erred in proceeding with a separate hearing and determination of liability. The court held that the trial judge's approach was consistent with the law and the circumstances of the case, ensuring that the parties' rights were adequately protected and that the proceedings were conducted efficiently.

In light of the court's reasoning, the appeal was dismissed. The Full Bench affirmed that the trial judge's decision to conduct a separate hearing and determination of liability was correct and did not result in any injustice to the parties involved. The court emphasised the importance of flexibility in procedural matters to ensure that the administration of justice is not unduly delayed or complicated. The orders of the primary judge were upheld, and the union's claim for damages remained subject to further determination once the liability had been conclusively established.