Pal v Commonwealth of Australia (No 2)
What happened
Sarabjeet Singh Pal brought an originating application seeking judicial review of matters arising under the Fair Work Act. The application was summarily dismissed under s 31A of the Federal Court Act as having no reasonable prospect of success.
What was decided
Justice Anderson summarily dismissed Pal's application. The Court found the proceedings were instituted without reasonable cause under s 570(2)(a) of the Fair Work Act. A costs order was made in favour of the Commonwealth, fixed at $3,720.98.
What it means for employers
This decision is procedural. Employers may recover costs where an employee pursues proceedings without reasonable prospects of success.
What it means for employees
Applicants bringing proceedings in the Federal Court may face costs orders if their case has no reasonable prospects of success.
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