Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Altintas v O'Dea Lawyers (No 2) [2018] FCAFC 187 File number: SAD 347 of 2017
Judge: WHITE, PERRY AND CHARLESWORTH JJ
Date of judgment: 5 November 2018
Catchwords: COSTS – application by the Appellant under s 570 of the Fair Work Act 2009 (Cth) for an award of costs – Appellant's claim that the Respondent's unreasonable conduct caused her to incur costs – Respondent did not comply with the Court's order regarding the filing of submissions and did not appear at the hearing – no adequate explanation – Respondent a legal practitioner – whether Respondent's unreasonable conduct caused the Appellant to incur additional costs – application dismissed.
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: A Team Diamond Headquarters Pty Ltd v Main Road Property Group Pty Ltd [2009] VSCA 208, (2009) 25 VR 189 Virgtel Ltd v Zabusky (No 2) [2009] QCA 349
Date of hearing: Determined on the papers
Registry: South Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Mr K Hanna
Solicitor for the Appellant: Wearing Law
Solicitor for the Respondent: Damien O'Dea of O'Dea Lawyers
ORDERS SAD 347 of 2017 NOTICE OF QUESTION REFERRED BY THE SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL BETWEEN: SERA ALTINTAS Appellant
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