High Court Win With Hall Payne’s Union Legal Advice Experience
Hall Payne Lawyers is pleased to confirm another High Court win for our union clients. This decision reflects the importance of experienced union legal advice and representation in complex appeal matters, including High Court appeals, Federal Court appeals and industrial relations disputes involving unions.
Another High Court Win for Union Clients
Hall Payne Lawyers are thrilled to confirm another High Court win for Unions. Regular readers will recall that we have had recent success in the High Court for our union clients, for example in the original jurisdiction of the High Court, concerning the Newman LNP Government’s attempt to decorporatise Queensland Rail by unconstitutional means.
Federal Court Appeal Involving the CFMEU and CEPU
On 1 May 2015, a Full Court of the Federal Court of Australia handed down a judgment against our clients, the CFMEU and the CEPU, in D,FWBII v CFMEU [2015] FCAFC 59. In that judgment, the Court held, amongst other things, that the principles enunciated by the High Court in Barbaro v The Queen [2014] 253 CLR 58, regarding criminal matters, also applied to civil penalty matters under the now repealed Building Construction Industry Improvement Act 2005 (Cth).
High Court Appeal Lawyers for Union Matters
Our clients and the Commonwealth sought and obtained special leave to appeal the Full Court of the Federal Court judgment to the High Court. The appeal was heard by a Full Court of the High Court, comprising seven judges in the appellate jurisdiction, on 13 October 2015 at Canberra.
High Court Decision Allowed the Appeals
The High Court has handed down its decision upon the two appeals. The appeals were unanimously allowed by the High Court, with reasons spread across three separate judgments.
The judgment of the High Court means that the CFMEU and CEPU’s matter before the Federal Court will now be dealt with according to law, without the application of Barbaro v The Queen [2014] 253 CLR 58.
What This High Court Win Means for Unions
This decision is important for unions because it confirms that complex industrial relations matters can require careful appeal strategy, particularly where civil penalty proceedings, Federal Court decisions and High Court principles intersect. For unions, timely legal advice can help determine whether there are grounds to appeal a Federal Court decision, whether special leave may be available, and how a matter should be prepared for the High Court.
Get Union Legal Advice and Representation and Industrial Relations Legal Advice
The judgment of the High Court reinforces our reputation as experienced High Court practitioners representing our union clients. If you require union legal advice, industrial relations legal advice, or assistance in relation to an existing or proposed High Court matter in either the original or appellate jurisdiction, please contact Hall Payne Lawyers. We offer top-tier legal advice for unions in Australia, from our in-house industrial relations lawyers for unions.
Union Legal Advice and High Court Appeal FAQs
When should unions seek High Court legal advice?
Unions should seek High Court legal advice when a matter involves a significant legal question, an appeal from a Federal Court decision, constitutional issues, or a complex industrial relations dispute that may require specialist appellate representation.
How can unions appeal a Federal Court decision?
A union may need to seek leave or special leave to appeal, depending on the court and the nature of the decision. An appeal lawyer can assess the decision, identify possible appeal grounds, and advise on the process and prospects.
What do High Court lawyers for unions do?
High Court lawyers for union matters assist with complex appeal strategy, legal submissions, special leave applications, constitutional matters, civil penalty matters and industrial relations disputes that reach Australia’s highest court.
Can industrial relations experts and lawyers help unions before a matter reaches the High Court?
Yes. Industrial relations lawyers can help unions from the early stages of a dispute, including strategic advice, Federal Court proceedings, appeal preparation and representation in complex employment or industrial matters.