From the Federal Court of Australia:
INDUSTRIAL LAW – coercion – taking of action against another person – intent to coerce – need for an intent to negate choice – need for a high degree of compulsion
INDUSTRIAL LAW – intention – onus to establish affirmatively that action was not actuated by the reason alleged
INDUSTRIAL LAW – the taking of industrial action
INDUSTRIAL LAW – breach of enterprise agreement
INDUSTRIAL LAW – accessorial liability – knowledge of essential matters which make up offence
INDUSTRIAL LAW – breach of civil penalty provisions
PRACTICE AND PROCEDURE – stay of proceeding pending resolution of criminal proceedings – stay refused – alleged contraventions “not substantially the same”
PRACTICE AND PROCEDURE – Briginshaw standard – need to consider gravity of matters alleged
PRACTICE AND PROCEDURE – withdrawal of an admission in defence – leave granted
Matthew White SC appeared with Michael Rennie for the Applicant.