Kowalski v Domestic Violence Crisis Service Inc [2002] FCA 1227

FEDERAL COURT OF AUSTRALIA

Kowalski v Domestic Violence Crisis Service Inc [2002] FCA 1227 COSTS – application by respondent for costs certificate pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) – principal proceedings concerned decision of Human Rights and Equal Opportunity Commission – application allowed and decision of Commission set aside– all parties ordered to pay their own costs of the proceedings – whether respondent is eligible for costs certificate – whether proceedings are a Federal appeal – possible question for law reform Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6, 14 Kowalski v Domestic Violence Crisis Service Inc [2001] FCA 1082, referred to Bullock v Federated Furnishing Trades Society of Australasia (No. 2) (1984-85) 58 ALR 373, referred to IN THE MATTER OF AN APPLICATION FOR A COSTS CERTIFICATE UNDER s 6 OF THE FEDERAL PROCEEDINGS (COSTS) ACT 1981 (CTH) STAN LECK KOWALSKI v DOMESTIC VIOLENCE CRISIS SERVICE INC & ANOR A 59 of 2000 MADGWICK J 2 OCTOBER 2002 SYDNEY (IN CHAMBERS)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY A 59 OF 2002

BETWEEN: STAN LECK KOWALSKI

APPLICANT

AND: DOMESTIC VIOLENCE CRISIS SERVICE INC

FIRST RESPONDENT

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

SECOND RESPONDENT

JUDGE: MADGWICK

DATE OF ORDER: 2 OCTOBER 2002

WHERE MADE: SYDNEY (IN CHAMBERS)

THE COURT ORDERS THAT: 1. The application for a costs order under the Federal Proceedings (Costs) Act 1981 (Cth) be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY A 59 OF 2002

BETWEEN: STAN LECK KOWALSKI

APPLICANT

AND: DOMESTIC VIOLENCE CRISIS SERVICE INC