Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 Citation: Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CORINTHIAN INDUSTRIES (AUSTRALIA) PTY LTD ACN 000 067 185 and BALTIC DOORS PTY LTD ACN 007 390 132
File number(s): VID 754 of 2013
Judge(s): PAGONE J
Date of judgment: 8 April 2014
Catchwords: COSTS – costs under the Fair Work Act 2009 – application of s 570 of the Fair Work Act 2009 – where claims abandoned at trial – whether claims instituted without reasonable cause – whether maintenance of claims constituted an unreasonable act or omission.
Legislation: Fair Work Act 2009 (Cth) ss 340, 346, 361, 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Australian and International Pilots Association v Qantas Airways Ltd (No 3) (2007) 162 FCR 392, [36] Board of Bendigo Regional Institute of Technology and Further Education v Barclay (2012) 290 ALR 647, [44]-[45] Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574, [29] Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257, 264 Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275, [60] R v Moore; ex parte Federated Miscellaneous Workers Union of Australia (1978) 140 CLR 470, 473
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