Abstract
The Swanson Committee's proposition that common law actions in tort are "dead-letters" in practice, even though they are still available for use in theory, is examined in this paper. Tort law tends to indicate that there are five essential ingredients which are necessary to procure a breach of contract. Other indus trial torts may be brought for interference with economic relations or loss of services and, while this type of tort is out of date, it can still apply. Tort action for civil corrspiracy or intimidation also provides areas of relevance for industrial activity. As a result of this analysis the author questions the accuracy of the Swanson Committee's proposition. The conclusion notes that many areas of union activity not "caught" by the Commonwealth Conciliation and Arbitration Act, the Commonwealth Crimes Act and the New South Wales Crimes Act may in fact be "caught" by the 1974 Trade Practices Act which, the author contends, opens up a whole new area of statutory liability for unions.
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