Federal Court of Australia
Federal Court of Australia
Tucker v Broderick [2021] FCA 1492 File number(s): VID 359 of 2021
Judgment of: O'CALLAGHAN J
Date of judgment: 30 November 2021
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment pursuant to rule 26.01 of the Federal Court Rules 2011 (Cth) on the ground that it was an abuse of process – application granted COSTS – application by respondents for indemnity costs – indemnity costs ordered
Legislation: Fair Work Act 2009 (Cth) ss 50, 570 Federal Court Rules 2011 (Cth) r 26.01 Public Administration Act 2004 (Vic) ss 8(b), 20(3)(c)
Cases cited: Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334 Clayton v Bant [2020] HCA 44; (2020) 95 ALJR 34 Re Australian Education Union (NT) (No 2) [2011] FCA 728 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 Tucker v State of Victoria [2018] VSC 389 Tucker v State of Victoria [2019] VSC 420 Tucker v State of Victoria [2021] VSCA 120
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 79
Date of hearing: 15 November 2021
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the Applicant: SGM Legal
Counsel for the Respondents: Mr JL Bourke QC with Ms R Preston
Solicitor for the Respondents: Maddocks
ORDERS VID 359 of 2021
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