Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (HCA) - civil penalties - adjournment of proceedings - Court not precluded from receiving and accepting civil penalty submission - appeals allowed |
Benchmark Television |
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Angus Stewart and Catherine Gleeson on Admiralty Law |
Something we should all know – how to arrest a ship! |
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Summaries With Link (Five Minute Read) |
Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 High Court of Australia French CJ; Kiefel, Bell, Gageler, Keane, Nettle & Gordon JJ Civil penalties - appeals from Full Court of the Federal Court’s adjournment of civil penalty proceedings under Building and Construction Industry Improvement Act 2005 (Cth) in which parties sought imposition of agreed penalties - whether Full Court erred in adjourning proceedings on basis decision in Barbaro v The Queen [2014] HCA 2.applied to civil penalty proceeding - whether Barbaro precluded court from receiving submission as to pecuniary penalty to be imposed - held: Barbaro did not apply to civil penalty proceedings - Court not precluded from receiving and accepting agreed or other civil penalty submission - appeal allowed. Commonwealth of Australia
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Poem for Friday (Recitation here by Thomas Hellier) |
The Mower to the Glow-Worms BY ANDREW MARVELL Ye living lamps, by whose dear light The nightingale does sit so late, And studying all the summer night, Her matchless songs does meditate; Ye country comets, that portend No war nor prince’s funeral, Shining unto no higher end Than to presage the grass’s fall; Ye glow-worms, whose officious flame To wand’ring mowers shows the way, That in the night have lost their aim, And after foolish fires do stray; Your courteous lights in vain you waste, Since Juliana here is come, For she my mind hath so displac’d That I shall never find my home. ANDREW MARVELL |
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