Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hartnett Legal Services Pty Ltd v Ballantyne (No 2) [2015] FCA 1027 Citation: Hartnett Legal Services Pty Ltd v Ballantyne (No 2) [2015] FCA 1027
Appeal from: Ballantyne v Hartnett Legal Services Pty Ltd & Anor [2015] FCCA 371
Parties: HARTNETT LEGAL SERVICES PTY LTD ACN 151 056 174 and BEAU TIMOTHY JOHN HARTNETT v JAMES CAMERON BALLANTYNE
File number: QUD 84 of 2015
Judge: RANGIAH J
Date of judgment: 18 September 2015
Catchwords: COSTS – appeal from Fair Work Division – discretionary power to award costs – whether discretion extends to interlocutory proceedings – meaning of "proceedings" – whether conduct at first instance was unreasonable – no award of costs where conduct of both parties unreasonable – whether conduct on appeal was unreasonable – where failure to address grounds of appeal caused delay – costs awarded
Legislation: Fair Work Act 2009 (Cth) ss 570 and 570(2) Industrial Relations Act 1988 (Cth) s 347(1) Federal Circuit Court Rules 2001 (Cth) r 4.03
Cases cited: Australian Workers Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23 cited Hartnett Legal Services Pty Ltd v Ballantyne [2015] FCA 744 related Melbourne Stadiums v Sautner (2015) 317 ALR 665 cited Minister for Immigration and Multicultural and Indigenous Affairs v SZAYW (2005) 145 FCR 523 cited Registrar of Titles (WA) v Franzon (1975) 132 CLR 611 cited Shackley v Croatian Club Ltd (1996) 141 ALR 736 cited
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