Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Decmil Engineering Pty Ltd [2016] FCA 615 File number: VID 121 of 2016
Judge: TRACEY J
Date of judgment: 3 June 2016
Catchwords: INDUSTRIAL LAW – application for costs under s 570(2) of the Fair Work Act 2009 (Cth) – where applicant seeking leave to amend originating application and pleadings to correct name of party – whether application made without reasonable cause enlivening s 570(2)(a) of the Fair Work Act 2009 (Cth) – whether making of application against incorrect party constituted "unreasonable act" under s 570(2)(b) of the Fair Work Act 2009 (Cth) – whether failure to agree to consent orders amending originating application and pleadings amounted to an unreasonable act or omission under s 570(2)(b) of the Fair Work Act 2009 (Cth) or breach of ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 501, 502, 570(1), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Date of hearing: 13 May 2016
Date of last submissions: 20 May 2016
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 36
Counsel for the Applicant: Ms S Fitzgerald
Solicitor for the Applicant: Construction, Forestry, Mining and Energy Union
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