Australian and International Pilots Association v Qantas Airways Ltd (No 3) [2007] FCA 879

FEDERAL COURT OF AUSTRALIA

Australian and International Pilots Association v Qantas Airways Ltd (No 3) [2007] FCA 879

COSTS – INDUSTRIAL LAW – Where first amended statement of claim and second further amended statement of claim struck out – Where proceeding commenced on 8 March 2006 before Pre-reform Act was amended by WorkChoices Act – Where s 347 of Pre-reform Act repealed on 27 March 2006 and superseded by s 824(2) Workplace Relations Act 1996 (Cth) – Whether an order for costs is determined under s 347 and or s 824(2) Workplace Relations Act – s 824(2) deemed applicable – Whether Applicant acted unreasonably for the purposes of s 824(2) – Costs determined COSTS – Where Costs hearing adjourned for failure of Applicant to comply with the Court's directions as to the filing and service of submissions relating to costs – Whether Respondent entitled to costs thrown away

Acts Interpretation Act 1901 (Cth) ss 8, 8A Federal Court of Australia Act s 43 Federal Court Rules O 22 r 2(1)(b), O 22 r 3(1) Workplace Relations Act 1996 (Cth) ss 298T, 298U, 347, 807, 824 Workplace Relations Regulations 2006 ch 7 reg 2.10, ch 7 reg 4.53

Australian and International Pilots Association v Qantas Airways Limited [2006] FCA 1441 cited Australian and International Pilots Association v Qantas Airways Limited (No 2) [2007] FCA 581 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 referred to Commonwealth of Australia v Construction, Forestry, Mining and Energy Union (2003) 129 FCR 271 followed Esber v The Commonwealth of Australia (1992) 174 CLR 430 referred to Freeman v Moyes (1834) 1 Ad & El 338 cited Galvin v Forests Commission of Victoria [1939] VLR 284 referred to Jackman v Dandenong Sewerage Authority (No 2) (1967) 20 LGRA 413 referred to Mathieson v Burton (1971) 124 CLR 1 referred to Paras v Public Service Body Head of the Department of Infrastructure (No. 3) (2006) 152 FCR 534 referred to Re Ogston and Repatriation Commission (1998) 52 ALD 392 referred to Shackley v Australian Croatian Club Limited (1996) 141 ALR 736 referred to Shanahan v Australian Industrial Relations Commission (No 3) [2007] FCAFC 53 referred to Standish v University of Tasmania (1989) 28 IR 129 considered Wright v Hale (1860) 30 LJ (Ex) 40 cited AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION v QANTAS AIRWAYS LTD VID 251 OF 2006