Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari (No 2) [2001] FCA 562

Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari (No 2) [2001] FCA 562

The proceeding involved a matter arising under the Workplace Relations Act 1996 (Cth) because the applicants sought to vindicate a right and enforce a duty concerning intervention in the Commission's certification procedure, arising under s 43 of the Act. The Court was not satisfied that the proceeding was instituted vexatiously or without reasonable cause. Section 347(1) therefore precluded an order that the applicants pay CSL Limited's costs, and there was no order as to costs.

Jurisdiction
Australia
Judgment Date
14 May 2001
Procedural Posture
Costs Application in Industrial Law Proceeding for Writs of Prohibition, Mandamus and Certiorari / On Remittal From the High Court of Australia; After Dismissal of the Application for Orders Nisi for Writs of Prohibition, Mandamus and Certiorari
Outcome
CSL Limited's application for costs was dismissed; no order as to costs.
Legal Topics
['workplace Relations Act 1996 (cth) S 347 Costs Restriction' 'matter Arising Under the Workplace Relations Act 1996 (cth)' 'vexatiously or Without Reasonable Cause' 'leave to Intervene in Certification Proceeding' 'natural Justice' 'prerogative Relief']
['costs' 'industrial Law' 'administrative Law'] ['workplace Relations Act 1996 (cth) S 347 Costs Restriction' 'matter Arising Under the Workplace Relations Act 1996 (cth)' 'vexatiously or Without Reasonable Cause' 'leave to Intervene in Certification Proceeding' 'natural Justice' 'prerogative Relief']

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Procedural Posture

Costs Application in Industrial Law Proceeding for Writs of Prohibition, Mandamus and Certiorari / On Remittal From the High Court of Australia; After Dismissal of the Application for Orders Nisi for Writs of Prohibition, Mandamus and Certiorari

Legal Issues

  1. 1 ['Whether s 347(1) of the Workplace Relations Act 1996 (Cth) applied to the proceeding.' 'Whether the proceeding involved a matter arising under the Workplace Relations Act 1996 (Cth).' 'Whether the proceeding was instituted vexatiously or without reasonable cause.' 'Whether CSL Limited should receive its costs of the proceeding.']

Ratio Decidendi

The proceeding involved a matter arising under the Workplace Relations Act 1996 (Cth) because the applicants sought to vindicate a right and enforce a duty concerning intervention in the Commission's certification procedure, arising under s 43 of the Act. The Court was not satisfied that the proceeding was instituted vexatiously or without reasonable cause. Section 347(1) therefore precluded an order that the applicants pay CSL Limited's costs, and there was no order as to costs.

Court Disposition

CSL Limited's application for costs was dismissed; no order as to costs.

Orders

  • ['There be no order as to the costs of the application.']