Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v BMD Constructions Pty Ltd [2013] FCA 41 Citation: Construction, Forestry, Mining and Energy Union v BMD Constructions Pty Ltd [2013] FCA 41
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BMD CONSTRUCTIONS PTY LTD
File number: VID 778 of 2012
Judge: KENNY J
Date of judgment: 1 February 2013
Catchwords: COSTS — Application for costs under s 570 of the Fair Work Act 2009 (Cth) — Whether proceedings instituted vexatiously or without reasonable cause — Whether unreasonable act or omission caused the incurring of the costs — Where substantive dispute settled — Applicant had at least an arguable case — Applicant's conduct not unreasonable — Application dismissed.
Legislation: Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth) Conciliation and Arbitration Act 1904-1975 (Cth)
Cases cited: Dowling v Fairfax Media Publications Pty Ltd (2009) 182 IR 28 Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 Khiani v Australian Bureau of Statistics [2011] FCAFC 109 Reeve v Ramsay Health Care Australia Pty Ltd (No 2) [2012] FCA 1322 Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 Shea v TruEnergy Services Pty Ltd (No 1) (2012) 204 FCR 456 Rescrete Industries Pty Ltd v Jones (1998) 86 IR 269 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574
Date of hearing: Determined on the papers
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