28 May, 2013

 

Legal News & Analysis – Asia Pacific – Australia – Dispute Resolution

 

On 24 May , Justice Cavanough of the Supreme Court of Victoria handed down judgment in the applications brought by Grocon against the Construction, Forestry, Mining and Energy Union (CFMEU) for contempt. The contempt charges related to pickets that were maintained at Grocon’s Myer Emporium and McNab Avenue construction sites late last year. (Grocon Constructors (Victoria) Pty Ltd, Grocon (FCAD) Pty Ltd, Grocon Constructors (Vic) Pty Ltd, Attorney General for the State of Victoria v Construction, Forestry, Mining and Energy Union [2013] VSC 275.)

 

Justice Cavanough found that all thirty charges of contempt in Grocon’s application against the CFMEU were made out, and that the CFMEU was liable for findings of contempt for breaching court orders that were made by the Supreme Court on five days last year.

 

This decision provides important guidance in relation to the legal status of pickets.

 

The broader implications of the decision will be outlined in a more detailed publication next week.

 

The Court will program further hearings on penalties and costs on Tuesday 28 May 2013.

 

 

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