Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 3) [2017] FCA 1203

FEDERAL COURT OF AUSTRALIA

Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 3) [2017] FCA 1203 File number: SAD 80 of 2015

Judge: CHARLESWORTH J

Date of judgment: 9 October 2017

Catchwords: COSTS – two respondents jointly represented in victimisation proceedings – claim against first respondent unsuccessful by virtue of statutory bar – claim against second respondent successful – both respondents otherwise taking unsuccessful points in defence of claims – unsuccessful aspects of defences consuming significant portion of trial – multiple offers by respondents – offers subject to terms prohibiting the making of whistleblowing complaints of alleged misconduct by respondents and other persons not joined in proceedings – offers not impudently refused – costs awarded on an issues basis – applicant compensated in respect of unsuccessful points taken by successful respondent

Legislation: Civil Dispute Resolution Act 2011 (Cth), s 4 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), s 469-10 Fair Work Act 2009 (Cth), s 725 Federal Court of Australia Act 1976 (Cth), ss 37M, 43 Federal Court Rules 2011 (Cth), rr 25.01, 25.14, 40.08

Cases cited: Calderbank v Calderbank [1975] 3 All ER 333 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127 Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884 Qantas Airways Ltd v Lustig (No 2) [2015] FCA 782 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (No 4) [2012] FCA 652 Walsh v Umoona Tjutagku Health Service Aboriginal Corporation (ICN 7460) (No 2) [2017] FCA 852