Abdirahman v Assetlink Link Services (17) Pty Limited (No 3)

Case

[2021] FCCA 1097

24 May 2021


Details
AGLC Case Decision Date
Abdirahman v Assetlink Link Services (17) Pty Limited (No 3) [2021] FCCA 1097 [2021] FCCA 1097 24 May 2021

CaseChat Overview and Summary

This matter concerned an application for costs brought by Assetlink Link Services (17) Pty Limited (the respondent) against Mr Abdirahman (the applicant). The application arose from proceedings before Riley J in the Federal Court of Australia.

The central legal issue before the Court was whether the respondent was entitled to an order for costs against the applicant, notwithstanding the provisions of section 570 of the *Fair Work Act 2009* (Cth).

Riley J determined that section 570 of the Act, which generally precludes costs orders being made against a prospective applicant in certain proceedings, applied to the circumstances of this case. His Honour held that the parties' preliminary positions on costs should not be determinative or even influential in the face of this statutory provision.

Consequently, the application for costs made by the respondent was dismissed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Statutory Construction

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