Ashby v Slipper (No 2) [2014] FCAFC 67

Ashby v Slipper (No 2) [2014] FCAFC 67

Because s 570 of the Fair Work Act 2009 (Cth) applied to the primary proceedings and the appeal, and no finding was sought or made that the conditions in s 570(2)(a) or (b) were satisfied, s 570 precluded the costs orders. The Court therefore had no jurisdiction under s 43(1) of the Federal Court of Australia Act 1976 (Cth) to award costs against Mr Slipper, and the unentered costs orders should be vacated under r 39.04 to avoid serious injustice.

Jurisdiction
Australia
Judgment Date
10 June 2014
Procedural Posture
Interlocutory Application to Reopen Judgment and Vacate Costs Orders Under R 39.04 of the Federal Court Rules 2011 (cth) / Determined on the Papers After Full Court Appeal Judgment and Before Entry of Orders
Outcome
Application allowed; costs orders 3 and 4.2 were vacated.
Legal Topics
['variation or Setting Aside of Unentered Orders' 'jurisdiction to Award Costs' 'fair Work Act Costs Limitation' 'federal Court Rules R 39.04']
['practice and Procedure' 'costs' 'employment and Industrial Law'] ['variation or Setting Aside of Unentered Orders' 'jurisdiction to Award Costs' 'fair Work Act Costs Limitation' 'federal Court Rules R 39.04']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application to Reopen Judgment and Vacate Costs Orders Under R 39.04 of the Federal Court Rules 2011 (cth) / Determined on the Papers After Full Court Appeal Judgment and Before Entry of Orders

Legal Issues

  1. 1 ['Whether the Full Court should vary or set aside unentered costs orders under r 39.04 of the Federal Court Rules 2011 (Cth).' 'Whether s 570 of the Fair Work Act 2009 (Cth) applied to the primary proceedings and the appeal.' 'Whether the Court had jurisdiction under s 43 of the Federal Court of Australia Act 1976 (Cth) to award costs against Mr Slipper absent findings satisfying s 570(2) of the Fair Work Act 2009 (Cth).']

Ratio Decidendi

Because s 570 of the Fair Work Act 2009 (Cth) applied to the primary proceedings and the appeal, and no finding was sought or made that the conditions in s 570(2)(a) or (b) were satisfied, s 570 precluded the costs orders. The Court therefore had no jurisdiction under s 43(1) of the Federal Court of Australia Act 1976 (Cth) to award costs against Mr Slipper, and the unentered costs orders should be vacated under r 39.04 to avoid serious injustice.

Court Disposition

Application allowed; costs orders 3 and 4.2 were vacated.

Orders

  • ['Orders 3 and 4.2 of the orders made by this Court in NSD 22 of 2013 on 27 February 2014 (including the corrigendum dated 5 March 2014) be vacated.']