Full Court Minute Books

Case M96/2020

Victoria International Container Terminal Limited v. Lunt & Ors

Case No.


Case Information

Lower Court Judgment

18/03/20 Federal Court of Australia (Bromberg, Kerr and Wheelahan JJ)

[2020] FCAFC 40


Civil procedure – Dismissal of proceedings – Abuse of process – Where Fair Work Commission approved enterprise agreement – Where first respondent sought order in nature of certiorari to quash Commission’s approval – Where applicant applied for dismissal of that proceeding on basis it was abuse of process – Where applicant contended that Construction, Forestry, Maritime, Mining and Energy Union (“CFMMEU”) was true moving party and proceeding had been brought in first respondent’s name to sidestep fact that CFMMEU’s predecessor union had acquiesced in enterprise agreement – Where primary judge acceded to applicant’s application and dismissed proceeding, finding CFMMEU was true moving party and first respondent was “front man” – Where appeal to Full Court of Federal Court allowed, and applicant’s application to have proceeding dismissed as abuse of process dismissed – Whether it would bring administration of justice into disrepute to allow CFMMEU, using “front man”, to challenge Commission’s approval of enterprise agreement while avoiding scrutiny of predecessor union’s acquiescence in that agreement.


11/09/2020 Hearing (SLA, Brisbane with video-connection Melbourne)

24/09/2020 Notice of appeal

30/10/2020 Written submissions (Appellant)

30/10/2020 Chronology (Appellant)

27/11/2020 Written submissions (First Respondent)

18/12/2020 Reply

09/02/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

09/02/2021 Outline of oral argument (Appellant)

09/02/2021 Outline of oral argument (First Respondent)

07/04/2021 Judgment (Judgment summary)