Hutchinson v Comcare (No 2) [2017] FCA 370

Hutchinson v Comcare (No 2) [2017] FCA 370

The defects in Ms Hutchinson's pleadings were attributable to her lack of legal capacity as an unrepresented litigant and did not amount to unreasonable acts or omissions for the purposes of s 570(2)(b) of the Fair Work Act 2009 (Cth); therefore, no further order as to costs was appropriate.

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Costs Ruling Following Dismissal of Application Under Fair Work Act 2009 (cth) / Post Judgment; Determination on the Papers
Outcome
No further order as to costs
Legal Topics
['costs' 'unreasonable Acts or Omissions' 'access to Justice' 'self Represented Litigants']
['employment Law'] ['costs' 'unreasonable Acts or Omissions' 'access to Justice' 'self Represented Litigants']

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Procedural Posture

Costs Ruling Following Dismissal of Application Under Fair Work Act 2009 (cth) / Post Judgment; Determination on the Papers

Legal Issues

  1. 1 ["Whether manifestly defective pleadings by an unrepresented litigant amount to 'unreasonable acts or omissions' under s 570(2)(b) of the Fair Work Act 2009 (Cth) so as to enliven a costs order"]

Ratio Decidendi

The defects in Ms Hutchinson's pleadings were attributable to her lack of legal capacity as an unrepresented litigant and did not amount to unreasonable acts or omissions for the purposes of s 570(2)(b) of the Fair Work Act 2009 (Cth); therefore, no further order as to costs was appropriate.

Court Disposition

No further order as to costs

Orders

  • ['There be no further order as to costs.']