Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Valuair Limited (No 3) [2014] FCA 1182 Citation: Fair Work Ombudsman v Valuair Limited (No 3) [2014] FCA 1182
Parties: FAIR WORK OMBUDSMAN v VALUAIR LIMITED (200302952W), TOUR EAST (T.E.T) LTD (31629391) and JETSTAR AIRWAYS PTY LTD (ACN 069 720 243)
File number(s): NSD 719 of 2012
Judge(s): BUCHANAN J
Date of judgment: 6 November 2014
Catchwords: COSTS – application for costs in matter arising under the Fair Work Act 2009 ("FW Act") – application for costs made after judgment – whether respondents barred from recovering costs by s 570 of the FW Act – whether proceedings instituted without reasonable cause – whether applicant's unreasonable act or omission caused the respondents to incur costs
Legislation: Fair Work Act 2009 (Cth), ss 570, 570(2), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth), s 31A Workplace Relations Act 1996 (Cth)
Cases cited: Clarke v Dixie Cummings Enterprises Pty Ltd [2013] FCA 987 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Fair Work Ombudsman v Valuair Limited (No 2) [2014] FCA 759 Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 McCracken v Phoenix Constructions (Queensland) Pty Ltd [2013] FCAFC 87
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