Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) (No 2) [2011] FCA 728 Citation: Nimmo, in the matter of an application for an inquiry relating to an election for an office in the Australian Education Union (NT Branch) (No 2) [2011] FCA 728
Parties: STEPHEN GRAEME NIMMO
File number: NTD 33 of 2010
Judge: REEVES J
Date of judgment: 28 June 2011
Catchwords: INDUSTRIAL LAW – costs – application for certificate pursuant to s 325 of the Fair Work (Registered Organisations) Act 2009 (Cth) – application for costs following unsuccessful inquiry alleging irregularities in an election – consideration of s 325 of Fair Work (Registered Organisations) Act –whether application for inquiry was reasonable – application will be reasonable where it is sufficiently arguable that an irregularity occurred – whether determining reasonable conduct can include conduct occurring after an application for inquiry INDUSTRIAL LAW – costs – application for costs of inquiry under s 200 of Fair Work (Registered Organisations) Act – consideration of purpose of s 329 of Fair Work (Registered Organisations) Act – whether proceedings had reasonable prospects of success when instituted HELD – application for certificate under s 325 allowed –application of inquiry was reasonable when instituted – application for costs of inquiry dismissed – application for costs of inquiry was not instituted without reasonable cause
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