Turner v Chandler Macleod Group Limited (Costs)
Citation: [2026] FCA 458
At a glance
- Employees affected
- 1
What happened
Turner, who represented himself (a litigant in person), brought proceedings against Chandler Macleod Group Limited under the Fair Work Act 2009 (Cth). After the substantive matter was resolved, Chandler Macleod applied to the Federal Court of Australia for a costs order against Turner. The court considered two questions: whether Turner had started the proceedings without reasonable cause, and whether any unreasonable act or omission by Turner caused Chandler Macleod to incur legal costs. The court also considered what weight, if any, should be given to the fact that Turner was self-represented.
What was decided
The court awarded costs to Chandler Macleod. It found that either Turner instituted the proceedings without reasonable cause, or that his unreasonable conduct caused Chandler Macleod to incur costs, satisfying the threshold for a costs order under the Fair Work Act. The court took Turner's self-represented status into account but did not treat it as a reason to deny costs. However, Chandler Macleod's application for a lump-sum costs order was not granted, because Chandler Macleod had not followed the court's Practice Note on costs (GPN-COST), which sets out the procedure a party must follow before seeking that type of order.
What it means for employers
Employers facing unmeritorious Fair Work Act claims can apply for a costs order if the applicant started proceedings without reasonable cause or acted unreasonably in a way that caused the employer to incur costs. However, if seeking a lump-sum costs order, employers must follow the Federal Court's Practice Note GPN-COST before making that application, or the lump-sum request may be refused.
What it means for employees
Employees considering Fair Work Act claims in the Federal Court should be aware that costs can be ordered against them if they bring proceedings without reasonable cause or act unreasonably during the case. Being self-represented does not automatically protect against a costs order. It is important to assess the merits of a claim carefully before filing, and to act reasonably throughout the proceedings.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0458This summary was drafted by AI 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 →