Federal Court of Australia
S78
CATCHWORDS Industrial law - Conciliation and Arbitration - Appeal allowed on question of law - applicatisn for costs certificate by
unsuccessful respondent - aiscretion of the Court.
Conciliation and Arbitration Act i504, 5. 137A
Federal Proceedings (Costs) Act 1981, 5. Biliiloiai.
Bullock v. The Federated Furnishing Traces Society of Austraiasia
(No. 2) (1985) & F.C.R. 476
ROYAL AUSTRALIAN NURSING FEDERATIUN TASMANIAN ERANCH 1
a ©
E a) HI he
JOYCE FAWDRY
EVATT, NORTHROF and GRAY JJ.
IN THE FEDERAL COURT OF AUSTRALIA ) )
TASMANIA DISTRICT REGISTRY ) T No. 3 of 1986 )
INDUSTRIAL DIVISION )
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA BETWEEN :
ROYAL AUSTRALIAN NURSING FEDERATION TASMANIAN BRANCH
Appellant
and
MARCIA JOYCE FAWDRY
Respondent
a E EVATT, NORTHROP AND GRAY JJ.
8TH OCTOBER 1986
REASONS FOR JUDGMENT
The Full Court having allowed an appeal from a judgment of a single judge of the Federal Court of Australia on a preliminary issue of law, the respondent to the appeal seeks the grant of a certificate under s. 6(1) of the Federal Proceedings (Costs) Act 1981. That provision is as follows: "(1). Subject to this Act, where a Federal appeal succeeds on a question of law, the court that heard the appeal may, on the application of a
respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal."
That provision gives to the Full Court a discretion which is
unfettered by the Act itself.
In Bullock v. The Federated Furnishing Trades Society of Australasia (No. 2), (1985) 5 F.C.R. 476, a Full Court exercised
its discretion to refuse to grant a certificate to a successful respondent to an appeal. In that case the court had power to award costs against a party. Nothing in that case inhibits this
court from exercising the unfettered discretion given by the
section.
In the present case the Court is prevented by s. 197A of the Conciliation and Arbitration Act 1904 from making an order
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