By majority, the High Court has ruled that Courts can make an order under s.546 of the Fair Work Act for a union official not to seek or accept indemnity or contribution from the union in respect of a pecuniary penalty imposed on the union official. The High Court tackled the practical challenge of enforcing such an order by effectively warning union officials that they could be punished for contempt or imprisoned if they do. A big win for the ABCC against militant unions.
See ABCC v CFMEU [2018] HCA 3.
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