Federal Court of Australia
Federal Court of Australia
Askari v Life Without Barriers [2022] FCA 1347 File number(s): VID 568 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 15 November 2022
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – application by respondent for an order that the proceeding be dismissed immediately pursuant to r 5.23(1)(b)(i) of the Federal Court Rules 2011 (Cth) – whether applicant is in default pursuant to r 5.22(d) of the Federal Court Rules 2011 (Cth) by failing to prosecute the proceeding with due diligence – proceeding dismissed PRACTICE AND PROCEDURE – costs – order sought by respondent that the applicant pay its costs of, and incidental to, the proceeding – whether applicant's unreasonable act or omission caused respondent to incur the costs within the meaning of s 570(2)(b) of the Fair Work Act 2009 (Cth) – order made
Legislation: Fair Work Act 2009 (Cth) ss 544, 545, 545(1), 545(5), 570, 570(1), 570(2)(a), 570(2)(b) Federal Court of Australia Act 1976 (Cth) Part IVA Federal Court Rules 2011 (Cth) rr 5.22, 5.22(d), 5.23, 5.23(1)(b)(i)
Cases cited: Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 Professional Administration Service Centres Pty Ltd v Commissioner of Taxation [2012] FCAFC 180; (2012) 295 ALR 52
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 99
Date of last submission/s: 10 October 2022
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