Federal Court of Australia
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v4 SO IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. No. 28 of 1983 ) INDUSTRIAL DIVISION ) BETWEEN: MICHAEL PATRICK BOURKE and ORS. Applicants and DAVID JOHN GARLAND MAPSTONE and ORS. Respondents CORAM: Northrop J. DATE: 10 April' 1984 PLACE: Brisbane
EX TEMPORE JUDGMENT
On 14 Octoher 1983 Michael Patrick Bourke obtained
a rule nisi under s.141 Conciliation and Arbitration Act 1904
calling upon the respondents, other than the Federated Clerks' Union of Australia, to show cause why certain orders should not be made directing them to perform or observe the rules of the Clerks' Union. On 9 April 1984, the Court ordered that the rule nisi be discharged. Counsel for the
respondents, other than the Clerks' Union, Barry Trevor
Linsket and Brian Francis Tooley, thereupon moved the Court that Michael Patrick Bourke and the other persons added as applicants, pursuant to leave granted on 7 February 1984, be
ordered to pay the costs of his clients (hereinafter called
"the respondents").
The rule nisi 1s a proceeding before the Federal
Court of Australia. Under s.43 Federal Court of Australia Act 1976, the Court has jurisdiction to award costs. That
section is read in full:
"4A3.(1) The Court or a Judge has jurisdiction to award costs in all proceedings before the Court (ancludang proceedings dismissed for want of jurisdiction) other than proceedings in respect of which any other Act provides that costs shall not be awarded.
{2) Except as provided by any other Act,
the award of costs 1s in the discretion of the Court or Judge."
That section confers a power "to award costs in all
proceedings before the Court". In that section the word
"Court" ais defined to mean the Federal] Court cf Australia
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Act; s.4, and the word "Judge" means a Judge of the Court,
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