Federal Court of Australia
Federal Court of Australia
Quirk v Construction, Forestry, Maritime, Mining and Energy Union (Costs) [2022] FCA 53 File numbers: NSD 1344 of 2017 NSD 1027 of 2018 NSD 1028 of 2018
Judgment of: PERRAM J
Date of judgment: 3 February 2022
Catchwords: COSTS – where proceeding brought under Fair Work (Registered Organisations) Act 2009 (Cth) – whether s 329 prevents Court from ordering costs against only applicants or all parties
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) s 329
Cases cited: LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 Quirk v Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 1587
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 14
Date of last submissions: 21 January 2022
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr M Seck with Ms B Byrnes
Solicitor for the Applicants: McArdle Legal
Counsel for the Respondents: Mr B G Docking
Solicitor for the Respondents: Taylor & Scott Lawyers
ORDERS NSD 1344 of 2017
BETWEEN: ANDREW QUIRK First Applicant
BRIAN MILLER Second Applicant
AND: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION First Respondent
DAVID NOONAN Second Respondent
FRANK O'GRADY (and others named in the Schedule) Third Respondent
order made by: PERRAM J DATE OF ORDER: 3 FEBRUARY 2022
THE COURT ORDERS THAT:
1. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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