Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Descon Group Australia Pty Ltd v Rodd (No 2) [2024] FCA 390 Appeal from: Application for leave to appeal: Wavish v Descon Group Australia Pty Ltd [2022] FedCFamC2G 912
File number(s): VID 741 of 2022
Judgment of: MCELWAINE J
Date of judgment: 19 April 2024
Catchwords: COSTS – form of order following a successful appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) to award indemnity costs – order of primary judge varied – application for costs of the application for leave to appeal and appeal– where appeal relates to a matter arising under s 570 of the Fair Work Act 2009 (Cth) – no submissions advanced as to why costs order should be made pursuant to s 570(2) of the Act – no order for costs of the application for leave to appeal and appeal
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 28, 43
Cases cited: Construction, Forestry, Mining and Energy Union v CSBP Ltd [2012] FCA 64; 202 FCR 149 Descon Group Australia Pty Ltd v Rodd [2023] FCA 1494 Drummond v Canberra Institute of Technology (No 2) [2023] FCA 422
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 9
Date of hearing: Determined on the papers
Solicitor for the First Applicant: Kanther Law
Solicitor for the Second Applicant: Irish Bentley Lawyers
Solicitor for the Respondent: Hall & Willcox
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