Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hamberger (Employment Advocate) v Williamson & Construction, Forestry, Mining and Energy Union [2001] FCA 189
COSTS - application for costs order against applicant and two non-party witnesses of applicant - whether s347 of the Workplace Relations Act 1996 (Cth) operates to prevent order for costs against applicant - whether applicant instituted the proceeding vexatiously or without reasonable cause - whether non-party witnesses should be subject to an adverse costs order - whether non-party witnesses played an active part in the conduct of the litigation and have an interest in the subject of the litigation and, if so, whether the interests of justice require that an order for costs against non-party witnesses be made - whether the payment of costs should be ordered on an indemnity basis Workplace Relations Act 1996 (Cth) ss298P(3), 347(1) Evidence Act 1995 (Cth) s138
Hamberger (Employment Advocate) v Williamson and Construction, Forestry, Mining and Energy Union [2000] FCA 1644 referred to
Thompson v Hodder (1989) 21 FCR 467 followed
Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 followed
Nilsen v Loyal Orange Trust (1997) 76 IR 180 applied
Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 1 IRCR 199 applied
Cook v Pasminco Ltd (No 2) [2000] FCA 1819 referred to
Knight v F. P. Special Assets Ltd (1992) 174 CLR 178 followed
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 referred to
Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 referred to
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 applied
connect.com.au Pty Ltd v GoConnect Australia Pty Ltd [2000] FCA 1148 referred to
Yates v Boland [2000] FCA 1895 applied
JONATHAN HAMBERGER, THE EMPLOYMENT ADVOCATE v IAN WILLIAMSON AND CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION V82 OF 1999 MARSHALL J MELBOURNE 9 MARCH 2001
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