Federal Court of Australia
Federal Court of Australia
Drummond v Canberra Institute of Technology (No 2) [2023] FCA 422 File number(s): ACD 52 of 2022
Judgment of: WIGNEY J
Date of judgment: 5 May 2023
Catchwords: COSTS –– application for leave to appeal from judgment of Federal Circuit and Family Court of Australia –– application for leave to appeal dismissed –– no costs submissions made at hearing –– applicant ordered to pay respondent's costs of application –– parties later invited to provide submissions regarding variation of costs order pursuant to r 39.05 of the Federal Court Rules 2011 (Cth) and s 570 of the Fair Work Act 2009 (Cth) –– s 570(1) applies despite appellate jurisdiction as proceeding relates to matter arising under Fair Work Act 2009 (Cth) –– s 570(2) requires exceptional circumstances to award costs –– not found that applicant instituted proceeding "vexatiously or without reasonable cause" or engaged in any "unreasonable act or omission" that caused respondent to incur costs –– costs order set aside
Legislation: Fair Work Act 2009 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Ashby v Slipper (No 2) (2014) 314 ALR 84; [2014] FCAFC 67 BHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (2014) 226 FCR 240; [2014] FCAFC 138 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574; [2008] FCAFC 143 Construction, Forestry, Mining and Energy Union v CSBP Limited (No 2) (2012) 289 ALR 49; [2012] FCAFC 64 Construction, Forestry, Mining and Energy Union v Mammoet Australia Pty Ltd (No 2) (2012) 209 FCR 123; [2012] FCA 1404 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275; [2006] FCAFC 199 Drummond v Canberra Institute of Technology [2023] FCA 421 Fair Work Ombudsman v Hu (No 2) [2019] FCAFC 175 R v Moore; Ex parte Federated Miscellaneous Workers' Union of Australia (1978) 140 CLR 470; [1978] HCA 51 Trustee for The MTGI Trust v Johnston (No 2) [2016] FCAFC 190
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