Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pettit v Evolution Mining Ltd [2016] FCA 1304 File number: WAD 554 of 2015
Judge: BARKER J
Date of judgment: 3 November 2016
Catchwords: COSTS – application for costs under s 570 of the Fair Work Act 2009 (Cth) – whether party instituted proceedings vexatiously or without reasonable cause – whether party's unreasonable act caused other party to incur costs
Legislation: Fair Work Act 2009 (Cth) ss 35(1), 351, 539, 570, 570(2), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) s 43 Workplace Relations Act 1996 (Cth) s 824
Cases cited: Ashby v Slipper (No 2) (2014) 144 ALD 10; [2014] FCAFC 67 Australian Workers' Union v Leighton Contractors Pty Ltd and Others (No 2) (2013) 232 FCR 428; [2013] FCAFC 23 Construction, Forestry, Mining and Energy Union and Others v Clarke (2008) 170 FCR 574; [2008] FCAFC 143 Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission and Another (2006) 156 FCR 275; [2006] FCAFC 199 Hobson v BWL Pty Ltd & Ors (No. 5) [2013] FCCA 2145 R v Moore and Others; ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470; [1978] HCA 51 Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048
Date of hearing: Determined on the papers
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