Johnston v Cameron [2002] FCAFC 301

FEDERAL COURT OF AUSTRALIA

Johnston v Cameron [2002] FCAFC 301 COSTS – application for costs by intervenors – application made after hearing of Appeal – successful party not seeking costs – basis upon which intervenors appeared before primary Judge – whether the matter on appeal arising under Workplace Relations Act – discretionary considerations

Federal Court Rules O 6 r 8, O 6 r 17 Federal Court of Australia Act 1976 (Cth) ss 43, 49, 50 Workplace Relations Act 1996 (Cth) ss 4(1), 209, 347(1), s 469(10)

Commonwealth of Australia, Re; Ex parte Marks (2000-2001) 177 ALR 491 referred to Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2000) 203 CLR 645 referred to Corporate Affairs Commission v Bradley; Commonwealth of Australia (Intervener) [1974] 1 NSWLR 391 referred to Fencott v Muller (1983) 152 CLR 570 referred to Levy v The State of Victoria (1997) 189 CLR 579 considered McJannet, Re; Ex parte Australian Workers' Union of Employees, (Qld) [No 2] (1997) 189 CLR 654 considered O'Keefe Nominees Pty Ltd v BP Australia Ltd (No 2) (1995) 55 FCR 591 considered Polites, Re; Ex parte Hoyts Corporation Pty Limited (1991) 173 CLR 78 considered Quickenden v O'Connor (2000-2001) 109 FCR 243 referred to Ruddock v Vadarlis (2002) 188 ALR 143 considered Thompson v Hodder (1989) 21 FCR 467 discussed United States Tobacco Company v Minister for Consumer Affairs (1988) 20 FCR 520 referred to Viner v Australian Building, Construction Engineers Employees' and Builders Labourers' Federation (No 1) (1981) 56 FLR 5 considered CRAIG JOHNSTON v DOUG CAMERON (and others according to the schedule of respondents) V 455 of 2002 BRANSON, TAMBERLIN & FINKELSTEIN JJ 1 OCTOBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 455 of 2002