| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
SCI 2012 4743
BETWEEN
| GROCON CONSTRUCTORS (VICTORIA) PTY LTD (ABN 98 148 006 624) & ORS | Plaintiffs |
| and | |
| CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION & ORS (which is sued on its own behalf and pursuant to Order 18 of the Supreme Court (General Civil Procedure) Rules 2005 as representing: a) all persons who were on 17 August 2012 or are now, or have at any time since 17 August 2012 been present at the picket lines at the premises of McNab Avenue, Footscray, in the State of Victoria; b) all persons who were on 22 August 2012 or are now, or have at any time since 22 August 2012 been present at the picket lines at the premises of the Emporium construction site between Little Bourke St and Lonsdale Street, Melbourne, in the State of Victoria) | Defendants |
---
JUDGE: | Cavanough J | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 7, 13, 19, 20 and 21 August, 14 and 15 November 2013 and 28 February 2014 | |
DATE OF JUDGMENT: | 31 March 2014 | |
CASE MAY BE CITED AS: | Grocon & Ors v Construction, Forestry, Mining and Energy Union & Ors (No 2) | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 134 | Revision No 1 (31 March 2014) |
---
CONTEMPT OF COURT – Breaches of restraining orders – Parties – Contempt proceedings commenced by private companies – Attorney-General joined as co-plaintiff shortly after commencement – Late application by defendant for removal of Attorney-General – Whether Attorney-General a proper or necessary party – Discretionary factors – Application for removal refused – Supreme Court (General Civil Procedure) Rules 2005 r 9.06(a).
CONTEMPT OF COURT – Breaches of further restraining orders – Parties – Further contempt proceedings brought by private companies – Application by Attorney-General to be joined as a co-plaintiff – Attorney-General’s standing – Discretionary factors – Application for joinder granted – Supreme Court (General Civil Procedure) Rules 2005 r 9.06(b).
CONTEMPT OF COURT – Breaches of restraining orders - Blocking access to building sites – Hindering deliveries to building sites – Whether civil contempt or criminal contempt – Industrial context –Relevant sentencing principles – Objective seriousness – Proportionality – Consistency – Totality – General and specific deterrence – Whether convictions should be recorded – Quantum of fines – Orders as to costs.
---
APPEARANCES: | Counsel | Solicitors |
| For the first to third plaintiffs | Mr M McDonald SC, Mr P M O’Grady, Mr P Wheelahan | Herbert Smith Freehills |
| For the fourth plaintiff | Mr S Wood SC, Mr J Snaden, Mr B Jellis and, on 14 and 15 November 2013, Ms R Sweet | Victorian Government Solicitor’s Office |
| For the first defendant | Mr P Morrissey SC, Ms R Shann | Slater and Gordon |
HIS HONOUR:
Introduction
Three applications by summons, each alleging contempts of court in the form of disobedience to various orders of this Court, have been brought against the defendant, the Construction, Forestry, Mining and Energy Union (“the CFMEU”), during the course of this proceeding. The applications have an…
Keep reading for free
Create a free CaseChat account to read Grocon v Construction, Forestry, Mining and Energy Union (No... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] VSC 134
- Decision Date
CaseChat Overview and Summary
The primary legal issues centred around the proper party standing in contempt proceedings, the criteria for joining a party, and the appropriate quantum of fines and costs in such cases. The court had to determine whether the Attorney-General was a proper or necessary party in the initial proceedings, and whether they had standing to join the subsequent proceedings. The court also had to consider the appropriate sentencing principles applicable to contempt of court in an industrial context, including the objective seriousness of the contempt, proportionality, consistency, totality, and deterrence, and the appropriate quantum of fines and costs.
The court held that the Attorney-General was a proper and necessary party in the contempt proceedings as they represented the public interest in upholding the rule of law. The application to remove the Attorney-General was dismissed, and the application for the Attorney-General to join the subsequent proceedings was granted. The court found that the breaches of the restraining orders constituted criminal contempt due to their objective seriousness, and the fines imposed reflected the need for general and specific deterrence. The court ordered the union to pay significant fines and costs to both Grocon and the Attorney-General.
The final orders included the CFMEU being fined $1,500,000 for the first set of breaches and $1,000,000 for the second set of breaches, along with costs to be determined. The court's decision underscored the importance of maintaining the rule of law and the role of the Attorney-General in contempt proceedings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.