Federal Court of Australia
Federal Court of Australia
Cavar v Secom Australia Pty Ltd [2022] FCA 1558 Appeal from: Cavar v Secom Australia Pty Ltd (No 2) [2021] FedCFamC2G 289
File number: NSD 1372 of 2021
Judgment of: KATZMANN J
Date of judgment: 23 December 2022
Catchwords: PRACTICE AND PROCEDURE – application for extension of time for leave to appeal costs judgment – whether leave required – whether extension should be granted COSTS – where court awarded costs against applicant in matter arising under Fair Work Act 2009 (Cth) after upholding application for summary dismissal of proceeding – whether arguable error raised
Legislation: Acts Interpretation Act 1901 (Cth), s 7(2) Fair Work Act 2009 (Cth) s 570 Federal Circuit Court of Australia Act 1999 (Cth) ss 17A, 46 Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 46, 143, 239 Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (Cth) Federal Court of Australia Act 1976 (Cth) ss 24, 37M Federal Court Rules 2011 rr 1.39, 35.13(a) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 r 13.13(a) Federal Circuit Court Rules 2001 r 13.10
Cases cited: ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 Aldi Foods Pty Ltd v Transport Workers' Union of Australia (2020) 282 FCR 174 Australian Workers Union v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Caratti v Commissioner of the Australian Federal Police [2021] FCA 1067 Cavar v Green Gate Pty Ltd [2015] FCA 1179 Cavar v Secom Australia Pty Ltd [2021] FedCFamC2G 163 Cavar v Secom Australia Pty Ltd (No 3) [2021] FedCFamC2G 290 Decor Corporation Pty Ltd v Dart Industries Inc. (1991) 33 FCR 397 Gallo v Attorney-General (unreported, Supreme Court of Victoria, Full Court, 4 September 1984) Gallo v Dawson [1990] HCA 30; (1990) 93 ALR 479 Garrett v Commissioner of Taxation [2015] FCA 117 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 Trustee for the MTGI Trust v Johnson (No 2) [2016] FCAFC 190
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