Rossetti v Aus Gold Mining Group Pty Limited [2018] FCA 1649

FEDERAL COURT OF AUSTRALIA

Rossetti v Aus Gold Mining Group Pty Limited [2018] FCA 1649 File number(s): NSD 71 of 2018

Judge(s): BURLEY J

Date of judgment: 18 October 2018

Catchwords: COSTS – payment of costs for failing to attend mediation

Legislation: Fair Work Act 2009 (Cth) ss 90, 323, 570 Federal Court of Australia Act 1976 (Cth) s 43 Workplace Relations Act 1996 (Cth) s 824

Cases cited: El Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474 In the Matter of Staway Pty Limited (In Liquidation) (Receivers Appointed) [2017] NSWSC 485 Ryan v Primesafe [2015] FCA 8 Stanley v Service to Youth Council Incorporated (No. 3) [2014] FCA 716

Date of hearing: 18 October 2018

Registry: New South Wales

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr N D Read

Solicitor for the Applicant: Holman Webb Lawyers

Counsel for the Respondents: Mr J C Lee

Solicitor for the Respondents: SHL & Associates Lawyers

ORDERS NSD 71 of 2018

BETWEEN: LEE ROSSETTI Applicant

AND: AUS GOLD MINING GROUP PTY LIMITED First Respondent

SHA ZOU Second Respondent

JUDGE: BURLEY J DATE OF ORDER: 18 October 2018

THE COURT ORDERS THAT:

1. The respondents pay the applicant's costs of attending the mediation, thrown away by reason of the respondents' failure to attend the mediation, assessed in the amount of $6000. 2. The respondents pay the applicant's costs of the interlocutory application. 3. Costs be paid within 14 days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.