Federal Court of Australia
Federal Court of Australia
Tucker v McKee [2022] FCA 315 File number: VID 449 of 2021
Judgment of: MURPHY J
Date of judgment: 29 March 2022
Date of publication of reasons: 30 March 2022
Catchwords: PRACTICE & PROCEDURE – application for review of order for security for costs made by Registrar – application for additional security for costs – application of the National Guide to Counsel Fees – principles for assessing quantum of security for costs – "broad brush" assessment of future costs – whether appropriate to assess prospects of success
Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 50, 570 Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules 2011 (Cth) rr 40.01, 40.02, Sch 3 cl 16.1
Cases cited: 3Bears Childcare Centre Pty Ltd v Deputy Commissioner of Taxation [2018] FCA 1690 Bryan E Fencott & Assocs Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Clack v Collins (No 1) [2010] FCA 513 Davaria Pty Ltd v 7-Eleven Stores Pty Ltd (No 5) [2020] FCA 953 Farmitalia Carlo Erba SrL v Delta West Pty Ltd [1994] FCA 88; 28 IPR 336 Kayler-Thomson v Colonial First State Investments Ltd [2020] FCA 1867 Mulley v Hayes [2021] FCA 1111 Norcast S.r.L v Bradken Ltd & Others [2012] FCA 765 Nyoni Pharmacy Board of Australia [2018] FCA 1313 Oswal v Australia and New Zealand Banking Group Ltd [2016] VSC 119 Pathway Investments Pty Ltd and Ors v National Australia Bank Limited [2012] VSC 97 Premier Building & Consulting Pty Ltd v Spotless Group Ltd (No 5) [2005] VSC 19 Soh v Commonwealth of Australia [2008] FCA 1524 Southern Equity Pty Ltd v Timevale Pty Ltd [2015] FCA 1364 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2001] FCA 1603 Tucker v McKee [2021] FCA 828 Voxson Pty Ltd v Telstra Corporation Ltd (No 8) [2017] FCA 1427 Waters v Commonwealth of Australia (Australian Taxation Office) [2017] FCA 312 West International v Ultradrilling Pty Ltd [2008] FCA 1443 Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661
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