Federal Court of Australia
Federal Court of Australia
Monash University v Murthi (Costs) [2024] FCA 783 File number: VID 467 of 2024
Judgment of: WHEELAHAN J
Date of judgment: 17 July 2024
Catchwords: COSTS — s 570 of the Fair Work Act 2009 (Cth) (the Act) – where the successful first respondent sought an order for costs – where s 570(1) of the Act applied – whether an exception under s 570(2)(b) or (c) was enlivened – the unsuccessful applicant had not engaged in an unreasonable act – the unsuccessful applicant had not unreasonably refused to participate in a matter before the Fair Work Commission – no order as to costs made.
Legislation: Fair Work Act 2009 (Cth) ss 569, 569A, 570, 570(1), 570(2), 570(2)(b), 570(2)(c) Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Australian and International Pilots Association v Qantas Airways Ltd (No 3) [2007] FCA 879; 162 FCR 392 Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; 204 CLR 559 Australian Workers' Union v Leighton Contractors Pty Ltd (No 2) [2013] FCAFC 23; 232 FCR 428 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 Kirk v Industrial Court (NSW) [2010] HCA 1; 239 CLR 531 Monash University v Murthi [2024] FCA 663 Ryan v Primesafe [2015] FCA 8; 323 ALR 107 Anisminic Ltd v Foreign Compensation Commission [1968] 2 QB 862
Division: Fair Work Division
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