Underdown v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2009] FCA 1223

FEDERAL COURT OF AUSTRALIA

Underdown v Secretary, Department of Education, Employment and Workplace Relations (No 2) [2009] FCA 1223

COSTS – whether any departure from costs following the event can be justified Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 62 Ritter v Godfrey (1920) 2 KB 47 Scott v Secretary, Department of Social Security (No 2) [2000] FCA 1450 Trade Practices Commission v Nicholas Enterprises Pty Ltd (No 3) (1979) 42 FLR 213 Underdown v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 965 THE ESTATE OF THE LATE SAMANTHA UNDERDOWN and ARTURO FAZIO v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

WAD 217 of 2008

MCKERRACHER J

29 October 2009

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION WAD 217 of 2008

BETWEEN: THE ESTATE OF THE LATE SAMANTHA UNDERDOWN

First Applicant

ARTURO FAZIO

Second Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: MCKERRACHER J

DATE OF ORDER: 29 October 2009

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The second applicant is to pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION WAD 217 of 2008

BETWEEN: THE ESTATE OF THE LATE SAMANTHA UNDERDOWN

First Applicant

ARTURO FAZIO

Second Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: MCKERRACHER J