Dahler v Australian Capital Territory (No 2) [2014] FCA 1154

Dahler v Australian Capital Territory (No 2) [2014] FCA 1154

The application for leave to appeal was brought without reasonable cause and thus fell within s 570(2)(a) of the Fair Work Act 2009 (Cth); as the applicant's counsel, Ms Keys, caused the costs to be incurred through her poor judgment, the Court has the power and should order her personally to pay the respondents' costs under r 40.07 of the Federal Court Rules 2011 (Cth).

Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Application for Leave to Appeal (costs Decision) / Post Dismissal of Leave to Appeal; Determination of Costs
Outcome
Costs order made personally against applicant's barrister, Ms Keys.
Legal Topics
['costs' 'applications for Leave to Appeal' 'vexatious Proceedings' 'misconduct by Lawyers']
['employment Law' 'civil Procedure'] ['costs' 'applications for Leave to Appeal' 'vexatious Proceedings' 'misconduct by Lawyers']

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Procedural Posture

Application for Leave to Appeal (costs Decision) / Post Dismissal of Leave to Appeal; Determination of Costs

Legal Issues

  1. 1 ['Whether the application for leave to appeal was brought vexatiously or without reasonable cause under s 570 of the Fair Work Act 2009 (Cth)' "Whether a costs order can and should be made against the applicant's lawyer personally under r 40.07 of the Federal Court Rules 2011 (Cth)"]

Ratio Decidendi

The application for leave to appeal was brought without reasonable cause and thus fell within s 570(2)(a) of the Fair Work Act 2009 (Cth); as the applicant's counsel, Ms Keys, caused the costs to be incurred through her poor judgment, the Court has the power and should order her personally to pay the respondents' costs under r 40.07 of the Federal Court Rules 2011 (Cth).

Court Disposition

Costs order made personally against applicant's barrister, Ms Keys.

Orders

  • ["The applicant's barrister, Judith Keys, personally pay the respondents' costs of the application for leave to appeal."]