Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sperandio v Lynch (No 3) [2007] FCA 1243
COSTS – Workplace Relations Act 1996 (Cth) - Whether s 170CS applies to the whole of a proceeding or only to that part that relates to s 170CP COSTS – Workplace Relations Act 1996 (Cth) – Operation of s 170CS(1)(b) – Whether either party is entitled to a proportion of their costs by reason of acts or omissions of the other party Federal Court Rules O 23 r 4, O 23 r 11(4) Workplace Relations Act 1996 (Cth) s 170CS(1) Goldman Sachs JBWere Services Pty Limited v Nikolich [2007] FCAFC 120 JOSIE SPERANDIO v DRS JAMES LYNCH & SANDRA LYNCH (TRADING AS DOCTORS OF NORTHCOTE) VID 715 OF 2005
JESSUP J
15 AUGUST 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 715 OF 2005
BETWEEN: JOSIE SPERANDIO
Applicant
AND: DRS JAMES LYNCH & SANDRA LYNCH (TRADING AS DOCTORS OF NORTHCOTE)
Respondent
JUDGE: JESSUP J DATE OF ORDER: 15 AUGUST 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The respondents pay the applicant's costs incurred between 22 November 2005 and 18 July 2006, save where the incurring of the costs was unrelated to the respondents' failure to file a Defence to the applicant's Amended Statement of Claim or Further Amended Statement of Claim or to the respondents' objections or proposed objections to either such Statement of Claim, such costs to be taxed if not agreed. 2. The parties' applications for costs be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 715 OF 2005
BETWEEN: JOSIE SPERANDIO
Applicant
AND: DRS JAMES LYNCH & SANDRA LYNCH (TRADING AS DOCTORS OF NORTHCOTE)
Respondent
JUDGE: JESSUP J
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