Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Costs) [2022] FCA 53

Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Costs) [2022] FCA 53

Section 329(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) applies to all parties to a proceeding arising under the Act, prohibiting orders for costs against any party unless the party instituted the proceeding vexatiously or without reasonable cause; as the applicants' case arose under the Act, there...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 February 2022
Procedural Posture
Application for Costs Following Judgment / Costs Determination Post Judgment
Outcome
No order as to costs
Legal Topics
['costs' 'wrongful Dismissal' 'adverse Action' 'statutory Interpretation']
['employment and Industrial Relations'] ['costs' 'wrongful Dismissal' 'adverse Action' 'statutory Interpretation']

Source-derived case record

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Procedural Posture

Application for Costs Following Judgment / Costs Determination Post Judgment

Legal Issues

  1. 1 ['Whether s 329 of the Fair Work (Registered Organisations) Act 2009 (Cth) prevents the Court from ordering costs against only applicants or all parties' 'Whether the wrongful dismissal claim was a matter arising under the Act']

Ratio Decidendi

Section 329(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) applies to all parties to a proceeding arising under the Act, prohibiting orders for costs against any party unless the party instituted the proceeding vexatiously or without reasonable cause; as the applicants' case arose under the Act, there can be no order for costs against the respondents in the absence of such a finding.

Court Disposition

No order as to costs

Orders

  • ['There be no order as to costs in NSD 1344 of 2017.' 'There be no order as to costs in NSD 1027 of 2018.' 'There be no order as to costs in NSD 1028 of 2018.']