Orchard, David John v Victoria Police Gehrig, Patrick Bernhard v Victoria Police Glasgow, Allan Stuart v Victoria Police [1998] FCA 368

Orchard, David John v Victoria Police Gehrig, Patrick Bernhard v Victoria Police Glasgow, Allan Stuart v Victoria Police [1998] FCA 368

No order as to costs was appropriate because the proceedings were dealt with as part of a composite set of proceedings, the Court followed its earlier approach in Konrad v Victoria Police, s 347 of the Workplace Relations Act 1996 (Cth) applied only to parties, the Court had a wide discretion under s 43, the applicants had succeeded on most issues in the unlawful termination proceedings, and the unsuccessful attempt to invoke accrued jurisdiction was an adjunct to the Police Review Commission matter and did not warrant a costs order.

Jurisdiction
Australia
Judgment Date
17 February 1998
Procedural Posture
Application for Costs / Reasons for Judgment and Orders
Outcome
No order as to costs.
Legal Topics
['workplace Relations Act 1996 (cth) S 347' 'federal Court Costs Discretion' 'accrued Jurisdiction']
['industrial Law' 'costs'] ['workplace Relations Act 1996 (cth) S 347' 'federal Court Costs Discretion' 'accrued Jurisdiction']

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Procedural Posture

Application for Costs / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether s 347 of the Workplace Relations Act 1996 (Cth) applies only to parties.' 'Whether the Court should exercise its discretion to order costs in favour of the respondents or proposed parties.' "Whether costs should be ordered in respect of the applicants' attempt to invoke accrued jurisdiction."]

Ratio Decidendi

No order as to costs was appropriate because the proceedings were dealt with as part of a composite set of proceedings, the Court followed its earlier approach in Konrad v Victoria Police, s 347 of the Workplace Relations Act 1996 (Cth) applied only to parties, the Court had a wide discretion under s 43, the applicants had succeeded on most issues in the unlawful termination proceedings, and the unsuccessful attempt to invoke accrued jurisdiction was an adjunct to the Police Review Commission matter and did not warrant a costs order.

Court Disposition

No order as to costs.

Orders

  • ['There be no order as to costs in respect to the costs claimed by the respondent in VI 1339 of 1997.' 'There be no order as to costs in respect of the costs claimed by the proposed parties Mr Guiliano and Mr Davidson in VI 1339 of 1997.' 'There be no order as to costs in respect to the costs claimed by the...