Federal Court of Australia
Federal Court of Australia
EFEX Group Pty Ltd v Bennett (No 2) [2023] FCA 798 File number: SAD 176 of 2020
Judgment of: BESANKO J
Date of judgment: 13 July 2023
Catchwords: COSTS —–application for prerogative writ directed to Fair Work Commission —– application dismissed (EFEX Group Pty Ltd v Bennett [2023] FCA 508) —– subsequent application for costs—– where first respondent seeks 40% of his costs pursuant to s 570(2)(a) and (b) of the Fair Work Act 2009 (Cth) and s 43 of the Federal Court of Australia Act 1976 (Cth) —– whether it was an unreasonable act by the applicant to raise an argument that the first respondent was estopped from pursuing a claim before the Fair Work Commission and then to abandon it shortly before the hearing — application dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (No 2) [2015] FCAFC 166; (2015) 235 FCR 366 EFEX Group Pty Ltd v Bennett [2023] FCA 508
Division: Fair Work Division
Registry: South Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 9
Date of hearing: Determined on the papers
Date of last submissions: 7 June 2023 (First Respondent) 13 June 2023 (Applicant)
Counsel for the Applicant: Mr S Wood KC with Mr B Jellis
Solicitor for the Applicant: Kardos Scanlan
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate