Federal Court of Australia
Federal Court of Australia
Stephen v Seahill Enterprises Pty Ltd [2022] FCAFC 85 Appeal from: Application for leave to appeal: Stephen v Seahill Enterprises Pty Ltd [2021] FWCFB 2623
File number: QUD 172 of 2021
Judgment of: LOGAN, ANDERSON AND DOWNES JJ
Date of judgment: 14 February 2022
Catchwords: INDUSTRIAL LAW – application under s 39B of the Judiciary Act 1903 (Cth) for writs in the nature of certiorari and mandamus to the Full Bench of the Fair Work Commission – where Full Bench upheld appeal against decision of Commissioner of the Fair Work Commission determining certain documents were subject to legal professional privilege – where applicant contended that finding of legal professional privilege and that there had been no waiver of privilege was irrational, illogical or unreasonable – where any error by Full Bench was an error within jurisdiction – application dismissed COSTS – costs in proceedings relating to a matter arising under the Fair Work Act 2009 (Cth) – unreasonable acts or omissions causing the other party to incur costs – where lapse by applicant in complying with timetable for filing and service of appeal book – where case management hearing convened to ascertain date for filing of overdue application book – where applicant abandoned grounds of application during course of hearing – application for costs granted
Legislation: Judiciary Act 1903 (Cth) s 39B Fair Work Act 2009 (Cth) ss 570, 590, 607, 789FC Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
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