Federal Court of Australia
Federal Court of Australia
Scarati v Republic of Italy (No 2) [2023] FCA 1269 File number: VID 536 of 2020
Judgment of: THOMAS J
Date of judgment: 20 October 2023
Catchwords: PRACTICE AND PROCEDURE – costs – application for costs under s 570(2) of the Fair Work Act 2009 (Cth) – where respondent's solicitors attended mediation without authorisation or instructions to settle – discovery of documents – where parties reached an agreed position during the hearing – indemnity orders sought
Legislation: Fair Work Act 2009 (Cth) Fair Work Regulations 2009 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) (2021) 151 ACSR 26; [2021] FCA 246 Australian Workers' Union v Leighton Contractors Pty Ltd (No 2) (2013) 232 FCR 428; [2013] FCAFC 23 Chinatown Enterprises Pty Ltd v Maxims Entertainment Pty Ltd. (Supreme Court of New South Wales, unreported, Levine J, 13 December 1996) Colgate-Palmolive Company v Cussons Pty. Limited (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Pal v Commonwealth of Australia (No 2) [2021] FCA 37 Ryan v Primesafe (2015) 323 ALR 107; [2015] FCA 8 Saxena v PPF Asset Management Ltd [2011] FCA 395 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (2012) 208 FCR 78; [2012] FCAFC 183 Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd (unreported, French J, 3 May 1991)
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