Federal Court of Australia
Federal Court of Australia
McConvill & Associates v Carbone [2022] FCA 265 Appeal from: Carbone v James McConvill & Associates [2021] FCCA 661
File number: VID 241 of 2021
Judgment of: SNADEN J
Date of judgment: 23 March 2022
Catchwords: PRACTICE AND PROCEDURE – interlocutory applications – application to set aside subpoenas – subpoenas issued in support of application for security of costs – no utility to subpoenas – application to set aside subpoenas granted – application by respondents for security for costs in an appeal from the Federal Circuit Court of Australia – appeal in a matter arising under the Fair Work Act – effect of s 570 of the Fair Work Act – limited prospect of an order for costs given s 570 of the FW Act – not persuaded that appellants unable to satisfy adverse costs order – exercise of discretion –application for security for costs dismissed – application by appellants for stay of execution of judgment appealed from pending determination of appeal – no circumstances justifying stay – application for stay dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 56
Cases cited: Bell Wholesale Co Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 Clack v Collins (No 1) [2010] FCA 513 Nolten v Groeneveld Australia Pty Ltd [2011] FCA 1494 Tait v Bindal People [2002] FCA 322
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 25
Date of hearing: 18 March 2022
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