Federal Court of Australia
Federal Court of Australia
Lees v Asaleo Personal Care Pty Ltd [2023] FCA 334 Appeal from: Lees v Asaleo Personal Care Pty Ltd (No 3) [2022] FedCFamC2G 488
File number(s): VID 404 of 2022
Judgment of: HESPE J
Date of judgment: 14 April 2023
Catchwords: COSTS – appeal against order dismissing an application for costs under s 570(2) of the Fair Work Act 2009 (Cth) – whether primary judge erred in failing to find that a refusal to accept a Calderbank offer was unreasonable PRACTICE AND PROCEDURE – whether costs decision final or interlocutory in nature – whether extension of time to seek leave to appeal and leave to appeal required
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court Act 1976 (Cth) ss 37M, 37N Taxation Administration Act 1953 (Cth) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 1.05, 4.01, 4.06 Federal Court Rules 2011 (Cth) rr 35.12, 35.14
Cases cited: ALDI Foods Pty Ltd as General Partner of ALDI Stores (A Ltd Partnership) v Transport Workers' Union of Australia [2020] FCAFC 231; (2020) 282 FCR 174 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Caratti v Commissioner of the Australian Federal Police [2021] FCA 1067 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221 Probiotec Ltd v University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Tucker v State of Victoria [No 2] [2021] VSCA 182
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