Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419

Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419

Because the proceedings sought to enforce statutory duties imposed by the Fair Work Act 2009, they are properly characterised as matters arising under that Act, and, pursuant to s 570, no order for costs can be made unless exceptions not relevant here apply.

Jurisdiction
Australia
Judgment Date
26 April 2012
Procedural Posture
Application for Costs / Post Judgment
Outcome
Application for costs dismissed
Legal Topics
['costs' 'jurisdiction' 'fair Work Act 2009' 'prerogative Writs']
['industrial Law' 'employment Law' 'federal Jurisdiction'] ['costs' 'jurisdiction' 'fair Work Act 2009' 'prerogative Writs']

Case Brief

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Procedural Posture

Application for Costs / Post Judgment

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to entertain the application for costs after reserved orders and delay.' 'Whether s 570 of the Fair Work Act 2009 precludes a costs order in these proceedings.' 'Whether the proceedings arise under the Fair Work Act 2009 or the Judiciary Act 1903 for the purpose of costs.']

Ratio Decidendi

Because the proceedings sought to enforce statutory duties imposed by the Fair Work Act 2009, they are properly characterised as matters arising under that Act, and, pursuant to s 570, no order for costs can be made unless exceptions not relevant here apply.

Court Disposition

Application for costs dismissed

Orders

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