Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutchinson v Comcare (No 2) [2017] FCA 370 File number: VID 861 of 2015
Judge: BROMBERG J
Date of judgment: 7 April 2017
Catchwords: COSTS – Fair Work Act 2009 (Cth), s 570(2)(b) – whether manifestly defective pleadings prepared by an unrepresented litigant amount to "unreasonable acts or omissions" – defects attributable to lack of capacity of unrepresented litigant not "unreasonable" – no order as to costs
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Bhagat v Royal & Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143; 170 FCR 574 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; 156 FCR 275 Hutchinson v Comcare [2017] FCA 136 Ryan v Primesafe [2015] FCA 8 Trustee for the MTGI Trust v Johnston (No 2) [2016] FCAFC 190
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: The applicant is self-represented
Counsel for the Respondent: Ms R Sweet
Solicitor for the Respondent: Norton Rose Fulbright Australia
ORDERS VID 861 of 2015
BETWEEN: KAREN HUTCHINSON Applicant
AND: COMCARE Respondent
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