Qantas Airways Limited v Australian and International Pilots Association (No 3) [2024] FCA 1092

Federal Court of Australia Qantas Airways Limited v Australian and International Pilots Association (No 3) [2024] FCA 1092 File number:

Judgment of: GOODMAN J

Date of judgment: 19 September 2024

Catchwords: COSTS – applications for costs of the originating application and the cross-claim, pursuant to s 570 of the Fair Work Act 2009 (Cth) – no unreasonable act or omission established with respect to the originating application and in any event the discretion not exercised so as to award costs – not established that the cross-claim was instituted without reasonable cause – both applications dismissed

Legislation: Fair Work Act 2009 (Cth), ss 569, 569A, 570 Federal Court of Australia Act 1976 (Cth), s 43

Baker v Patrick Projects Pty Ltd (No 2) [2014] FCAFC 166; (2014) 145 ALD 548 Calderbank v Calderbank [1975] 3 All ER 333 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2015] FCAFC 97; (2015) 230 FCR 337 Council of Kangan Batman Institute of Technical and Further Education v Australian Industrial Relations Commission [2006] FCAFC 199; (2006) 156 FCR 275 Cases cited: Dorsch v HEAD Oceania Pty Ltd (Costs) [2024] FCA 832 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221 Qantas Airways Limited v Australian and International Pilots Association (No 2) [2024] FCA 756 Salama v Sydney Trains (No 2) [2021] FCA 1200 Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union (No 2) [2021] FCAFC 13 Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 4) [2024] FCA 453