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Federal Court judgments

Every Issue

Cite as: July 2015 89 (7) LIJ, p.56

Banking - whether bank fees are penalties


In Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50 (8 April 2015) a Full Court considered whether bank fees were a genuine pre-estimate of loss to the bank on default by the customer or unjust, unconscionable and unlawful.

Industrial law
Penalties – effect of “agreed” penalties in the court

In Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 (1 May 2015) a Full Court considered what use can be made of agreed submissions as to penalty after the decision in Barbero Q (2014) 305 ALR 323.

Industrial law
Past convictions

In Maritime Union of Australia v Fair Work Commission [2015] FCAFA 56 (29 April 2015) a Full Court considered how previous convictions for industrial offences are to be considered under ss513(1)(b),(d) and s515 of the Fair Work Act 2009 (Cth) in an application by a union official for an “entry permit” permitting access to worksites. Consideration of power to impose conditions.

Thomas Hurley is a Victorian barrister, ph 9225 7034, email The full version of these judgments can be found at Numbers in square brackets refer to the paragraph number in the judgment.


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