Schroder-Turk v Murdoch University (No 2) [2019] FCA 1434

Schroder-Turk v Murdoch University (No 2) [2019] FCA 1434

The Court is precluded from making a costs order on the interlocutory application by s 570 of the Fair Work Act, as no evidence links alleged unreasonable conduct to costs incurred. The applicant is ordered to provide further particulars of discussions and journalist disclosures in its amended statement of claim to afford fair notice and enable proper response.

Parties
Applicant: Gerd Schröder-Turk; Respondent: Murdoch University
Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Interlocutory Application Within Ongoing Proceedings / Post Interlocutory Application; Orders on Costs and Particulars
Outcome
No costs order; further particulars to be provided; case management scheduled.
Legal Topics
Costs in Fair Work Act Proceedings, Particulars of Pleadings, Public Interest Disclosure, Practice and Procedure
Employment & Industrial Relations Costs in Fair Work Act Proceedings Particulars of Pleadings Public Interest Disclosure Practice and Procedure

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Parties

Gerd Schröder-Turk

Applicant

Murdoch University

Respondent

Procedural Posture

Interlocutory Application Within Ongoing Proceedings / Post Interlocutory Application; Orders on Costs and Particulars

Legal Issues

  1. 1 Whether the Court can make an order for costs on an interlocutory application given Fair Work Act s 570
  2. 2 Whether the applicant must provide further particulars regarding alleged discussions and disclosures
  3. 3 Interpretation and application of PID Act s 5 and s 7A in context of disclosures to journalists

Ratio Decidendi

The Court is precluded from making a costs order on the interlocutory application by s 570 of the Fair Work Act, as no evidence links alleged unreasonable conduct to costs incurred. The applicant is ordered to provide further particulars of discussions and journalist disclosures in its amended statement of claim to afford fair notice and enable proper response.

Court Disposition

No costs order; further particulars to be provided; case management scheduled.

Orders

  • No order as to costs for applicant's interlocutory application dated 14 June 2019.
  • Applicant to file and serve amended statement of claim by 13 September 2019.