Browsing: Constitutional cases


UFU hit with costs after challenge goes up in smoke

The UFU has been ordered to pay indemnity costs to Fire Rescue Victoria after a full Federal Court found that its challenge to FWC production orders was both "misconceived" and doomed in the face of binding authorities.


Administration Act designed to limit political communication: CFMEU

Sacked CFMEU construction division officials have told the High Court their constitutional challenge to Federal Government legislation placing union branches under administration is a stark reminder that "you cannot do indirectly what you are forbidden to do directly".


High Court to hear CFMEU takeover challenge in November

The High Court has today agreed to hear in November the challenge by sacked CFMEU construction division officials to the Albanese Government putting it in the hands of an administrator.


Takeover challengers seeking urgent hearing

A High Court challenge launched by ousted leaders of the CFMEU construction division's Queensland branch seeks an urgent hearing to deal with claims the Albanese Government's administration scheme is unconstitutional and intended to gag the division in the lead-up to the next federal election.


State and federal wage theft laws operate in parallel, High Court told

State Labor governments intervening in a High Court constitutional challenge to Victoria's wage theft laws are arguing there is no inconsistency with the Fair Work Act that could void a criminal prosecution, in a case coinciding with the Albanese Government's plan to introduce federal sanctions of up to 10 years in prison and maximum fines of $8 million.


Newsflash: High Court backs unions on election spending caps

A High Court majority has ruled that caps on union spending in NSW by-elections are unconstitutional, finding they "impermissibly burden" freedom of communication on governmental and political matters.


State laws no cap on compensation for "broken" worker: Judge

A Federal Court judge has affirmed the primacy of federal over state laws in determining that NSW workers compensation caps did not shackle the amounts he could award to a long-serving manager whose life was "effectively destroyed" by a new chief executive.


Challenge to retrospective law on casuals "still in development"

The law firm behind multiple class actions alleging the misclassification of casuals says it still expects to mount a High Court challenge to the Morrison Government's retrospective legislative changes that shave potential windfalls from multi-million dollar entitlement claims.


Court declines to intervene in Setka's Labor expulsion

The Victorian Supreme Court has refused to intervene in the federal ALP's efforts to oust CFMMEU construction and general division Victorian branch secretary John Setka from the party, finding the process is subject to the state party's rules.


Court whittles personal payments orders

The big stick handed to the ABCC in the form of personal payment orders against contravening union officials has been whittled further with two Federal Court decisions reinforcing that past records and a clear appreciation of consequences must first be taken into account.


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