Michael Rennie

Australian Building and Construction Commissioner v Parker [2017] FCA 564

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.

Jausnik v Nominal Defendant (No 5) [2016] ACTSC 306

TORTS – Negligence – Police involved in pursuit of fleeing vehicle across NSW/ACT border – Failure to comply with police protocols for safe driving and cross-border pursuits – Passenger in police vehicle suffering mental harm arising from attending scene of accident arising from police pursuit – Liability of State of New South Wales for failure to provide training in use of radios and cross-border pursuit protocols – Liability of police driver for injury to passenger 

CHOICE OF LAW – Statutory contribution between tortfeasors – Accident in the Territory following police pursuit from New South Wales – Claim for contribution by ACT Nominal Defendant against New South Wales police office and State of New South Wales – Characterisation of apportionment legislation – Applicable choice of law rule. 

TORTS – Causation – Police pursuit of driver cross border – Pursued driver involved in fatal accident – Whether pursued driver would have avoided accident if pursuit terminated earlier – Expert evidence based on aggregate statistics – Whether likely conduct of pursued driver proved on balance of probabilities – Causation not established

TORTS – Statutory contribution – Nominal defendant liable for conduct of pursued driver who caused an accident – State of New South Wales and police officer also negligent – Contingent assessment of appropriate contribution

Borcherdt v Scott [2014] NSWCA 339

APPEAL - appeal from a decision of a Local Court Magistrate - appeal limited to errors of law or errors of mixed fact and law - no such error demonstrated in Magistrate's resolution of conflicting evidence

Limitation Act 1969 (NSW); Local Court Act 2007 (NSW) ss 3940Supreme Court Act 1970 (NSW) s 101(2)(r)Partnership Act 1892 (NSW) ss 12Uniform Civil Procedure Rules 2005 rr 20.26, 42.15A

Australian Competition and Consumer Commission v Gordon Superstore Pty Ltd [2014] FCA 452

CONSUMER LAW – retailer refused customer refund for a refrigerator and two replacement refrigerators – retailer told customer that their refund policy does not apply to large appliances – retailer told customer that customer’s remedy is only with manufacturer – retailer told customer that customer will not get a refund until retailer gets money from the manufacturer – orders sought by consent – appropriateness of penalty

Competition and Consumer Act 2010 (Cth) ss 224, 232, 246; Evidence Act 1995 (Cth) s 191
Australian Consumer Law ss 1829(1)(m), 54;  Federal Court of Australia Act 1976 (Cth) ss 2143

Australian Consumer and Competition Commission v Camavit Pty Ltd [2013] FCA 1397

CONSUMER LAW – Consumer guarantee provisions misleading or deceptive conduct – representations about the existence, exclusion or effect of a guarantee, right or remedy – admitted contraventions – agreed orders – whether orders appropriate – whether civil penalty within appropriate range – compliance program.