Liu v Stephen Grubits and Associates [2019] FCAFC 24

FEDERAL COURT OF AUSTRALIA

Liu v Stephen Grubits and Associates [2019] FCAFC 24 Appeal from: Liu v Stephen Grubits and Associates (No 2) [2018] FCCA 842

File number: NSD 783 of 2018

Judges: REEVES, KERR AND LEE JJ

Date of judgment: 12 February 2019

Catchwords: INDUSTRIAL LAW – appeal from the Federal Circuit Court – whether primary judge erred in awarding costs against the appellant in a matter arising under the Fair Work Act 2009 (Cth) COSTS – contention that there is no power for the Federal Circuit Court to award costs against a party in proceedings relating to a matter arising under the Fair Work Act – consideration of the construction and application of s 570 of the Fair Work Act in circumstances where s 79 of the Federal Circuit Court of Australia Act 1999 (Cth) does not apply in proceedings relating to a matter arising under the Fair Work Act – appeal dismissed – Federal Circuit Court does have power to award costs against a party when the preconditions specified in s 570(2) of the Fair Work Act are satisfied

Legislation: Acts Interpretation Act 1901 (Cth) ss 13, 15AA Fair Work Act 2009 (Cth) ss 12, 539, 545, 569, 569A, 570, Pt 4-2 Div 4 Federal Circuit Court of Australia Act 1999 (Cth) s 79 Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 79

Cases cited: Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) [2012] FCAFC 103; (2012) 203 FCR 430 Commissioner of Police for New South Wales v Eaton [2013] HCA 2; (2013) 252 CLR 1 Commonwealth v Baume (1905) 2 CLR 405 Cooper Brookes (Wollongong) Proprietary Limited v Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 91 ALJR 936