Federal Court of Australia
Federal Court of Australia
QNurses First Inc v Monash Health (No 2) [2022] FCA 277 File number(s): VID 610 of 2021
Judgment of: MORTIMER J
Date of judgment: 24 March 2022
Catchwords: COSTS – where leave granted to discontinue entire proceeding – where proceeding was in relation to a matter arising under the Fair Work Act 2009 (Cth) – whether the proceeding was commenced without reasonable cause – whether the pursuit of interlocutory relief was unreasonable after evidence adduced by the respondent in response to an interlocutory application – whether the Court should exercise its discretion to award costs – no order made as to costs INDUSTRIAL LAW – application of s 570 of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth), ss 340(1), 361, 370, 570 Federal Court of Australia Act 1976 (Cth), s 43(1)(b) Federal Court Rules 2011 (Cth), rr 9.21, 26.12(4), 26.12(7) Occupational Health and Safety Act 2004 (Vic), s 35 Public Health and Wellbeing Act 2008 (Vic), s 200(1)(d)
Cases cited: Clarke v Dixie Cummings Enterprises Pty Ltd [2013] FCA 987 Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 Peters v Commonwealth of Australia (No 2) [2022] FCA 135 QNurses First Inc v Monash Health [2021] FCA 1372 Trego v Wesbeam Pty Ltd [2019] FCA 1030
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
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