Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23 Citation: Australian Workers Union v Leighton Contractors Pty Limited (No 2) [2013] FCAFC 23
Parties: AUSTRALIAN WORKERS UNION v LEIGHTON CONTRACTORS PTY LIMITED, BECHTEL AUSTRALIA PTY LIMITED, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU), COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
File number: QUD 178 of 2012
Judges: DOWSETT, MCKERRACHER & KATZMANN JJ
Date of judgment: 1 March 2013
Catchwords: COSTS – unsuccessful application for judicial review of decision of Full Bench of Fair Work Australia – application for costs order – Fair Work Act 2009 (Cth), s 570 – whether proceedings instituted without reasonable cause – court's discretion – costs order refused
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 20(1A)
Cases cited: Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989) 86 ALR 119 Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) (2012) 289 ALR 552; [2012] FCAFC 103 Australian Workers' Union v Leighton Contractors Pty Limited [2013] FCAFC 4 Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2001) 203 CLR 645 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 Khiani v Australian Bureau of Statistics [2011] FCAFC 109 Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) (No 2) [2011] FCA 728 Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470 Spotless Services Australia Limited v The Hon Senior Deputy President Jeanette Marsh [2004] FCAFC 155
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