Liu v Stephen Grubits and Associates [2019] FCAFC 24

Liu v Stephen Grubits and Associates [2019] FCAFC 24

The appeal failed because the appellant's premise that s 570 of the Fair Work Act 2009 (Cth) merely limits a costs power found elsewhere was unsound. Construed purposively in the context of Pt 4-2 of the Fair Work Act, s 570 provides the operative basis for costs orders in Fair Work Act matters in the Federal Circuit Court when its specified preconditions are met, while s 79 of the Federal Circuit Court of Australia Act 1999 (Cth) is excluded from such matters. Accordingly, the Federal Circuit Court was not without statutory power to award costs in the proceeding.

Jurisdiction
Australia
Judgment Date
12 February 2019
Procedural Posture
Appeal From the Federal Circuit Court in a Matter Arising Under the Fair Work Act 2009 (cth) Concerning a Costs Order / Full Court Appeal; Amended Notice of Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['fair Work Act Costs Orders' 'federal Circuit Court Power to Award Costs' 'statutory Construction' 'section 570 of the Fair Work Act 2009 (cth)' 'section 79 of the Federal Circuit Court of Australia Act 1999 (cth)']
['industrial Law' 'costs' 'employment and Industrial Relations'] ['fair Work Act Costs Orders' 'federal Circuit Court Power to Award Costs' 'statutory Construction' 'section 570 of the Fair Work Act 2009 (cth)' 'section 79 of the Federal Circuit Court of Australia Act 1999 (cth)']

Case Brief

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Procedural Posture

Appeal From the Federal Circuit Court in a Matter Arising Under the Fair Work Act 2009 (cth) Concerning a Costs Order / Full Court Appeal; Amended Notice of Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Federal Circuit Court had power to make a costs order in proceedings relating to a matter arising under the Fair Work Act 2009 (Cth).' 'Whether s 570 of the Fair Work Act 2009 (Cth) merely limits a costs power found elsewhere or itself operates to permit costs orders when its preconditions are satisfied.' 'Whether s 79 of the Federal Circuit Court of Australia Act 1999 (Cth), which does not apply to proceedings in relation to a matter arising under the Fair Work Act 2009 (Cth), left the Federal Circuit Court without statutory power to award costs in such matters.']

Ratio Decidendi

The appeal failed because the appellant's premise that s 570 of the Fair Work Act 2009 (Cth) merely limits a costs power found elsewhere was unsound. Construed purposively in the context of Pt 4-2 of the Fair Work Act, s 570 provides the operative basis for costs orders in Fair Work Act matters in the Federal Circuit Court when its specified preconditions are met, while s 79 of the Federal Circuit Court of Australia Act 1999 (Cth) is excluded from such matters. Accordingly, the Federal Circuit Court was not without statutory power to award costs in the proceeding.

Court Disposition

Appeal dismissed.

Orders

  • ['The amended notice of appeal filed 25 September 2018 is dismissed.' 'The appellant is to file an outline of submissions on the question of costs within 7 days.' 'The respondent is to file an outline of submissions on the question of costs within 14 days.']