REASONS FOR JUDGMENT
1 We gave judgment in this appeal on 21 February 2003. An order was made requiring the payment of a fine. For reasons which appear in a letter set out below, it has been necessary to consider whether a further order should be made. On 28 March 2003, a letter was sent to the parties by the Court in the following terms:
Re: Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) PtyLtd [Q100/02]
I have been asked to write this letter on behalf of the Full Court.
The Full Court made an order on 21 February 2003 requiring payment of a fine of 50,000 dollars. Order 35 rule 5 of the Federal Court Rules requires that any such order specify the time within which the person liable to pay the fine is required to pay it. No such order was made by the Full Court. It has come to the attention of the Full Court that the fine remains unpaid. The Court has power under 0 35 r 7 (3) to correct an error arising from an accidental slip or omission.
The Full Court proposes to order that the fine of 50,000 dollars be paid within 28 days from the date of that order. Any party opposing such an order being made should file and serve written submissions by 2pm Friday, 4 April 2003.
Kind Regards,
Fleur Ramsay
Acting Associate to Justice Moore
2 By letter dated 28 March 2003 the solicitors for the respondent indicated their client did not oppose an order being made in the terms suggested in the letter. By letter dated 2 April 2003 the solicitors for the appellant indicated their client did not wish to make any submissions in response to the letter from the Court of 28 March 2003. We infer that the appellant does not oppose such an order being made.
3 In our opinion, it is appropriate that an order be made which would put beyond doubt when the fine has to be paid. Indeed this reflects the apparent purpose of 035 r 5. Accordingly, we will make an order generally in the terms referred to in the last paragraph of the letter set out above.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore, Tamberlin & Goldberg.