Federal Court of Australia
Federal Court of Australia
Cavanagh-Downs v Insightsoftware Australia Pty Ltd [2024] FCA 1067 File number: NSD 1182 of 2023
Judgment of: KATZMANN J
Date of judgment: 13 September 2024
Catchwords: PRACTICE AND PROCEDURE – where expert evidence adduced by applicant conceded to be inadmissible – whether leave should be granted to applicant to adduce other expert evidence and, if so, on what conditions COSTS – application for costs in proceeding arising under Fair Work Act 2009 (Cth) – whether acts or omissions of applicant unreasonable and, if so, whether they caused respondent to incur costs
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Federal Court Rules 2011 (Cth) rr 23.11, 23.13
Cases cited: Australian and International Pilots Association v Qantas Airways Ltd (No 3) (2007) 162 FCR 392 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 337 Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 Ryan v Primesafe [2015] FCA 8; 323 ALR 107 Saxena v PPE Asset Management Pty Ltd [2011] FCA 395 Tsilibakis v Transfield Services (Australia) Pty Ltd (No 2) [2015] FCA 1048
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 61
Date of hearing: 10 September 2024
Counsel for the Applicant: Mr I Neil SC with Mr R Millar
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