Proctor : September 2018
33 PROCTOR | September 2018 It’s time to weigh up your options. Clarence Virtual Law takes the risk and worry out of starting your own practice. With $6k of value for just $980 pm, it’s everything you need to be up and running from day one. Visit cpogroup.com.au or call 1300 310 500 to find out more Workplaces for Lawyers with Dan Star QC frequently in the past, then the evidence would have been spoken in open court, and the submissions would have been made orally in open court. All present could hear them, repeat them and report on them, so long as the reporting was fair and accurate. The move to giving evidence, and making submissions, in writing should not obscure the fact that evidence and submissions are still presumptively treated as being given in open court.” There was no basis for refusing access to the documents sought. Indeed, there was a public interest in allowing information concerning extradition processes, and the competing claims made during proceedings under the Extradition Act 1988 (Cth), to be publicly available (at ). Statutory interpretation – judicial comity – whether single judge should follow the interpretation of another judge In Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union  FCA 83 (13 February 2018) the court considered the proper interpretation of industrial activity under s347 of the Fair Work Act 1999 (Cth). Bromberg J’s preferred construction was at least impliedly rejected by Jessup J in both Esso Australia Pty Ltd v The Australian Workers’ Union  FCA 758 and Australian Building and Construction Commissioner v Australian Manufacturing Workers’ Union (The Australian Paper Case)  FCA 167. Bromberg J therefore considered the principles and authorities about when it is appropriate for a single judge to depart from earlier authority (at -). While his Honour thought that the interpretration of Jessup J was wrong, he was not persuaded it was plainly wrong and therefore did not depart from it (at ). In giving his preferred construction of the relevant provision of the Fair Work Act 1999, Bromberg J summarised the principles regarding the circumstances in which reference may be made to extrinsic materials including an explanatory memorandum (at -). Dan Star QC is a senior counsel at the Victorian Bar, (03) 9225 8757 or email firstname.lastname@example.org. The full version of these judgments can be found at austlii.edu.au . Federal Court casenotes There are no High Court of Australia casenotes this month, as the court did not sit in July.