Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coghill v Indochine Resources Pty Ltd (No 3) [2015] FCA 1131 Citation: Coghill v Indochine Resources Pty Ltd (No 3) [2015] FCA 1131
Parties: ROBERT EDMOND COGHILL v INDOCHINE RESOURCES PTY LTD ACN 119 808 007
File number: NSD 206 of 2014
Judge: KATZMANN J
Date of judgment: 23 October 2015
Catchwords: INDUSTRIAL LAW — costs — proceedings arising out of allegedly unlawful dismissal — relief sought by employee against employer under Fair Work Act 2009 (Cth) Pt 2–2 for contraventions of National Employment Standards and for damages for breach of employment contract — applicant employee successful —where at hearing claim under the Fair Work Act argued in the alternative — whether s 570 of Fair Work Act precluded award of costs — whether applicant employee a party to proceedings "in relation to" a matter arising under the Act within meaning of s 570(1) PRACTICE AND PROCEDURE — interest on award of damages — costs in proceedings claiming relief under the Fair Work Act 2009 (Cth) and at common law — where at hearing claim under Fair Work Act argued in the alternative — whether award of costs precluded under s 570 of the Act
Legislation: Fair Work Act 2009 (Cth), ss 562, 563, 570 Federal Court of Australia Act 1976 (Cth), ss 32, 43 Industrial Relations Act 1988 (Cth) s 347 Workplace Relations Act 1996 (Cth) s 824
Cases cited: Australasian Meat Industry Employees' Union v Fair Work Australia (No 2) (2012) 203 FCR 430 Bostik (Australia) Pty Ltd v Gorgevski (No 2) (1992) 36 FCR 439 Byrne v Australian Airlines Ltd (1994) 47 FCR 300 Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464 Fencott v Muller (1983) 152 CLR 570 Goldman Sachs JBWere Services Pty Ltd v Nikolich (2007) 163 FCR 62 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; 317 ALR 665 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Poulos v Waltons Stores (Interstate) Ltd (1986) 68 ALR 537 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 Re Polites; Ex parte Hoyts Corp Pty Ltd (No 2) (1991) 173 CLR 78 Stanley v Service to Youth Council Inc (No 3) (2014) 225 FCR 357 Thompson v Hodder (1989) 21 FCR 467 Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2) (2007) 159 FCR 274 Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (2007) 158 FCR 104
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