BSA Limited v Bradshaw, in the matter of BSA Limited (No 2) [2022] FCA 1182

BSA Limited v Bradshaw, in the matter of BSA Limited (No 2) [2022] FCA 1182

The present proceeding concerned the construction of the Deed of Settlement, and that Deed provided for the settlement of claims made under the Fair Work Act 2009 (Cth) in the representative proceeding. There was a clear relationship between the present proceeding and the FW Act claims in the representative proceeding. Given the breadth of the expression "in relation to" in s 570(1), the present proceeding was a proceeding in relation to matters arising under the FW Act. As s 570(1) was engaged and ss 570(2), 569 and 569A were not, no costs order could be made.

Jurisdiction
Australia
Judgment Date
07 October 2022
Procedural Posture
Costs Determination in a Federal Court Proceeding Concerning the Proper Construction of a Deed of Settlement Resolving a Representative Proceeding Seeking Relief Under the Fair Work Act 2009 (cth) / Determined on the Papers After Judgment on Costs Submissions
Outcome
No order as to costs.
Legal Topics
['fair Work Act 2009 (cth) S 570' 'no Costs Jurisdiction' 'proceeding in Relation to a Matter Arising Under the Fair Work Act 2009 (cth)' 'construction of Deed of Settlement' 'representative Proceeding Settlement']
['costs' 'employment and Industrial Law' 'commercial Contracts'] ['fair Work Act 2009 (cth) S 570' 'no Costs Jurisdiction' 'proceeding in Relation to a Matter Arising Under the Fair Work Act 2009 (cth)' 'construction of Deed of Settlement' 'representative Proceeding Settlement']

Case Brief

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Procedural Posture

Costs Determination in a Federal Court Proceeding Concerning the Proper Construction of a Deed of Settlement Resolving a Representative Proceeding Seeking Relief Under the Fair Work Act 2009 (cth) / Determined on the Papers After Judgment on Costs Submissions

Legal Issues

  1. 1 ['Whether s 570(1) of the Fair Work Act 2009 (Cth) operated so as to preclude the making of an order for costs.' "If s 570(1) did not apply, whether BSA was entitled to payment of any part of its costs on an indemnity basis and which respondents should be liable for BSA's costs."]

Ratio Decidendi

The present proceeding concerned the construction of the Deed of Settlement, and that Deed provided for the settlement of claims made under the Fair Work Act 2009 (Cth) in the representative proceeding. There was a clear relationship between the present proceeding and the FW Act claims in the representative proceeding. Given the breadth of the expression "in relation to" in s 570(1), the present proceeding was a proceeding in relation to matters arising under the FW Act. As s 570(1) was engaged and ss 570(2), 569 and 569A were not, no costs order could be made.

Court Disposition

No order as to costs.

Orders

  • ['There be no order as to costs of this proceeding.']