Federal Court of Australia
Federal Court of Australia
Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 3) [2021] FCA 1420 File number(s): VID 107 of 2019
Judgment of: O'CALLAGHAN J
Date of judgment: 17 November 2021
Catchwords: PRACTICE AND PROCEDURE – costs – where applicants unsuccessfully opposed an application to strike out amended statement of claim – whether appropriate to order that the legal representatives personally bear costs under s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 37N(1), 37N(2), 37N(4), 43(3)(f)
Cases cited: Harvey v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1102 Levick v Commissioner of Taxation (2000) 102 FCR 155 Milkins v Dioceses of Sale Catholic Education Ltd (St Joseph's Primary School Wonthaggi) (No 2) [2021] FCA 1103 Mitry Lawyers v Barnden [2014] FCA 918 Ryan v Primesafe [2015] FCA 8; (2015) 323 ALR 107
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 35
Date of last submission/s: 1 November 2021
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr DJ Hancock
Solicitor for the Applicants: Starnet Legal Pty Ltd
Counsel for the Respondent: Mr AG Manos
Solicitor for the Respondent: Wotton & Kearney Lawyers
ORDERS VID 107 of 2019
BETWEEN: KERRY HARVEY First Applicant
MAX HARVEY Second Applicant
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