Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stanley v Service to Youth Council Incorporated (No 3) [2014] FCA 716 Citation: Stanley v Service to Youth Council Incorporated (No 3) [2014] FCA 716
Parties: ARVINA NONA STANLEY v SERVICE TO YOUTH COUNCIL INCORPORATED
File number: SAD 64 of 2013
Judge: WHITE J
Date of judgment: 4 July 2014
Catchwords: COSTS – applicant had failed in claims under the Sex Discrimination Act 1984 (Cth) and succeeded partially in claims under the Fair Work Act 2009 (Cth) – respondent sought costs of failed discrimination claims – whether s 570 of the Fair Work Act limits the Court's power with respect to costs of claims under the Sex Discrimination Act – respondent also sought costs under s 570(2)(b) of the Fair Work Act – whether particular applications and other acts were unreasonable
Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Evidence Act 1995 (Cth) s 97 Fair Work Act 2009 (Cth) ss 65, 83, 84, 570 Fair Work Amendment Act 2012 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Workplace Relations Act 1996 (Cth) s 824
Cases cited: Ashby v Slipper (No 2) [2014] FCAFC 67 Bahonko v Sterjov [2008] FCAFC 30; (2008) 166 FCR 415 Braeside Bearings Pty Ltd v HJ Brignell and Associates (Boronia) [1996] 1 VR 17 Byrne v Australian Airlines Ltd (1994) 47 FCR 300 Commonwealth of Australia v Construction, Forestry, Mining and Energy Union [2003] FCAFC 115; (2003) 129 FCR 271 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; (2008) 170 FCR 574 Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (No 2) [2013] FCAFC 25; (2013) 209 FCR 464 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; (2006) 156 FCR 275 Geneff v Peterson (1986) 19 IR 40 Goldman Sachs JBWere Services Pty Ltd v Nikolich [2007] FCAFC 120; (2007) 163 FCR 62 Grout v Gunnedah Shire Council (No 3) (1995) 59 IR 248 Joye v Beach Petroleum NL (1996) 67 FCR 275 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816; (2011) 211 IR 119 Shackley v Australian Croatian Club Ltd (1996) 141 ALR 736 Smith v Federal Commissioner of Taxation (1987) 164 CLR 513 Thompson v Hodder (1989) 21 FCR 467
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