the Applicant v Conair Australia Pty Ltd (No 2)
Citation: [2018] FCA 992
What happened
The Applicant sought judicial review of a Fair Work Commission decision refusing her permission to appeal and dismissing her appeal. The Respondent applied for an order that the Applicant pay its costs on an indemnity basis, arguing the proceedings were instituted without reasonable cause. The court previously granted a summary dismissal of the Applicant’s claim. She did not file submissions or evidence in response to the costs application.
What was decided
The Federal Court found the Applicant's judicial review claim was instituted without reasonable cause because it lacked merit and failed to allege jurisdictional error. The Respondent is ordered to be paid $71,000 in costs on an indemnity basis. The court also agreed with the Respondent’s criticisms of the applicant’s legal representatives.
What it means for employers
Employers can seek cost orders against litigants who bring claims without reasonable prospects of success. Legal representatives may face personal costs orders if they act unreasonably in pursuing unmeritorious cases. Failing to address arguments or identify a legal basis for a claim can be considered unreasonable conduct.
What it means for employees
If you pursue legal action with little chance of
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca0992Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →