Finance Sector Union of Australia v Commonwealth Bank of Australia [2002] FCA 1166

Finance Sector Union of Australia v Commonwealth Bank of Australia [2002] FCA 1166

The directions hearings after the Full Court's orders remained steps in the proceeding instituted on 1 April 1999, which was a proceeding in a matter arising under the Workplace Relations Act 1996 (Cth), and that proceeding was not instituted vexatiously or without reasonable cause. If the respondent's notice of motion was a separate proceeding arising under the Act, it was instituted by the respondent, not the applicants; if it was not such a proceeding, no costs should be awarded because it was never determined and the Court would in any event decline costs as a matter of discretion.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Representative Proceeding Involving Alleged Award Breach and Breach of an Unregistered Industrial Agreement; Application for Costs / Application by the Respondent for Costs After Full Court Orders and Remittal to the Primary Judge
Outcome
The respondent's application for costs was dismissed, with no order as to costs.
Legal Topics
['costs Under S 347 of the Workplace Relations Act 1996 (cth)' 'proceeding in a Matter Arising Under the Act' 'effect of Full Court Remittal' 'summary Dismissal Motion']
['costs' 'workplace Relations' 'federal Court Procedure'] ['costs Under S 347 of the Workplace Relations Act 1996 (cth)' 'proceeding in a Matter Arising Under the Act' 'effect of Full Court Remittal' 'summary Dismissal Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding Involving Alleged Award Breach and Breach of an Unregistered Industrial Agreement; Application for Costs / Application by the Respondent for Costs After Full Court Orders and Remittal to the Primary Judge

Legal Issues

  1. 1 ["Whether the directions hearings, notice of motion and related preparation after the Full Court's orders were part of a proceeding in a matter arising under the Workplace Relations Act 1996 (Cth) for the purposes of s 347." 'Whether the applicants instituted the proceeding vexatiously or without reasonable cause.' "Whether costs should be ordered in relation to the respondent's notice of motion seeking summary dismissal."]

Ratio Decidendi

The directions hearings after the Full Court's orders remained steps in the proceeding instituted on 1 April 1999, which was a proceeding in a matter arising under the Workplace Relations Act 1996 (Cth), and that proceeding was not instituted vexatiously or without reasonable cause. If the respondent's notice of motion was a separate proceeding arising under the Act, it was instituted by the respondent, not the applicants; if it was not such a proceeding, no costs should be awarded because it was never determined and the Court would in any event decline costs as a matter of discretion.

Court Disposition

The respondent's application for costs was dismissed, with no order as to costs.

Orders

  • ['The application for costs be dismissed.']