Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115

COSTS – costs under s 347 of the Workplace Relations Act 1996 (Cth) – whether a proceeding is "a proceeding in a matter arising under the Act" Workplace Relations Act 1996 (Cth) s 347 Re McJannet; Ex parte Australian Workers' Union of Employees, Queensland [No 2] (1997) 189 CLR 654 considered Thompson v Hodder (1989) 21 FCR 467 considered Shackley v Australian Croatian Club Ltd (1996) 141 ALR 736 followed Heidt v Chrysler Australia Ltd(1976) 26 FLR 257 followed Quickenden v O'Connor (2001) 109 FCR 243 cited

THE COMMONWEALTH OF AUSTRALIA v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION AND JONATHAN HAMBERGER (IN HIS CAPACITY AS THE EMPLOYMENT ADVOCATE) V605 OF 1999 BLACK CJ, TAMBERLIN & SUNDBERG JJ MELBOURNE 3 JUNE 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 605 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: THE COMMONWEALTH OF AUSTRALIA

APPELLANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

FIRST RESPONDENT

JONATHAN HAMBERGER

(IN HIS CAPACITY AS EMPLOYMENT ADVOCATE)

SECOND RESPONDENT

JUDGE: BLACK CJ, TAMBERLIN & SUNDBERG JJ

DATE OF ORDER: 3 JUNE 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The order for costs provisionally made in favour of the appellant be set aside.

2. There be no order for costs, either in respect of the appellant's application before Marshall J or of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 605 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA