One Tree Community Services Inc v United Voice (costs) [2020] FCA 500

One Tree Community Services Inc v United Voice (costs) [2020] FCA 500

Because the case raised one or more arguable points of law and was not instituted without reasonable cause, nor was it vexatious or unreasonable within the meaning of s 570 of the Fair Work Act 2009 (Cth), there is no power to make an order as to costs and no order as to costs is made.

Parties
Applicant: One Tree Community Services Inc; First Respondent: United Workers Union; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
No order as to costs
Legal Topics
Costs, Reasonable Cause, Arguable Point of Law
Employment Law Industrial Relations Costs Reasonable Cause Arguable Point of Law

Case Brief

Summary, issues, holding and outcome

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Parties

One Tree Community Services Inc

Applicant

United Workers Union

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether costs should be awarded under s 570 of the Fair Work Act 2009 (Cth)
  2. 2 Whether the proceedings were instituted without reasonable cause

Ratio Decidendi

Because the case raised one or more arguable points of law and was not instituted without reasonable cause, nor was it vexatious or unreasonable within the meaning of s 570 of the Fair Work Act 2009 (Cth), there is no power to make an order as to costs and no order as to costs is made.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs.