Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ryan v Primesafe [2015] FCA 8 Citation: Ryan v Primesafe [2015] FCA 8
Parties: BRENDAN RYAN v PRIMESAFE (ABN 39 877 327 401), BRENDAN TATHAM and DEREK HUMPHERY-SMITH
File number: VID 287 of 2014
Judge: MORTIMER J
Date of judgment: 21 January 2015
Catchwords: PRACTICE AND PROCEDURE – Costs – application for costs in proceeding instituted under the Fair Work Act 2009 (Cth) pursuant to s 570(2), where applicant has discontinued proceedings against all respondents – relationship between discretion conferred on Court by s 43 of the Federal Court of Australia Act 1976 (Cth) and s 570(2) – whether costs should be awarded against applicant's solicitor – whether indemnity costs should be awarded – applicant's solicitor to bear costs personally on party–party basis
Legislation: Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 31 Fair Work Act 2009 (Cth) ss 340, 342, 351, 352, 539, 545, 550, 570, 611 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Workplace Relations Act 1996 (Cth) s 824 Federal Court Rules 2011 (Cth) rr 16.01, 26.12
Cases cited: Ashby v Slipper (2014) 219 FCR 322; [2014] FCAFC 15 Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) (2012) 203 FCR 430; [2012] FCAFC 103 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 Construction, Forestry, Mining and Energy Union v McCorkell (No 2) (2013) 232 IR 290; [2013] FCA 446 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) (2012) 200 FCR 154; [2012] FCAFC 50 El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 47 Mijac Investments Pty Ltd v Graham [2013] FCA 29 Mitry Lawyers v Barnden [2014] FCA 918 Modra v Victoria (2012) 205 FCR 445; [2012] FCA 240 Sacco t/as Globeline Automotive Service v FV Bilotto Nominees Pty Ltd [2011] FCA 1287 Sagona v R & C Piccoli Investments Pty Ltd [2014] FCCA 875 Saxena v PPF Asset Management Ltd [2011] FCA 395 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (2008) 208 FCR 78; [2012] FCAFC 183 Stanley v Service to Youth Council Inc (No 3) [2014] FCA 716, Travaglini v Raccuia [2012] FCA 620 Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 Yorke v Lucas (1985) 158 CLR 661
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate