FEDERAL CIRCUIT COURT OF AUSTRALIA
| ADACHI v QANTAS AIRWAYS LTD (No.2) | [2019] FCCA 1109 |
| Catchwords: INDUSTRIAL LAW – Costs application – s.570 of the Fair Work Act 2009 (Cth) – whether unreasonable act or omission by the Applicant. |
| Legislation: Fair Work Act 2009 (Cth), ss.352, 570 Federal Circuit Court of Australia Act 1999 (Cth), ss.3, 79 Federal Circuit Court Rules 2001 (Cth), rr.13.03B, 13.10 |
| Applicant: | KEIKO ADACHI |
| Respondent: | QANTAS AIRWAYS LTD |
| File Number: | SYG 3078 of 2016 |
| Judgment of: | Judge Barnes |
| Hearing date: | On the papers |
| Date of Last Submission: | 23 March 2018 |
| Delivered at: | Sydney |
| Delivered on: | 30 April 2019 |
REPRESENTATION
| Solicitors for the Applicant: | Byles Anjos Lawyers |
| Solicitors for the Respondent: | Ashurst Australia |
ORDERS
The Applicant pay the Respondent’s costs of and incidental to the application in a case filed on 11 August 2017 and the hearing on 21 August 2017 as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
The Applicant pay 40% of the Respondent’s costs of and incidental to the application in a case filed on 5 October 2017 as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
The Applicant pay the Respondent’s costs of and incidental to the hearing on 25 October 2017 as agreed and in the absence of agreement taxed in accordance with the Federal Court Rules.
There be no order as to costs in relation to the hearing on 2 March 2018.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 3078 of 2016
| KEIKO ADACHI |
Applicant
And
| QANTAS AIRWAYS LTD |
Respondent
REASONS FOR JUDGMENT
As discussed in Adachi v Qantas Airways Ltd [2019] FCCA 1107 (Adachi (No 1)) Ms Adachi has commenced proceedings against Qantas Airways Ltd (Qantas) under the general protection provisions of the Fair Work Act 2009 (Cth) (FW Act) alleging adverse action in various respects.
Qantas seeks orders that Ms Adachi pay its costs under s.570(2)(b) of the FW Act in relation to two applications in a case (referred to as interlocutory applications) and three associated hearings. The parties made written submissions and agreed that the costs applications should be determined on…
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- Case
- [2019] FCCA 1109
- Decision Date
CaseChat Overview and Summary
The central legal issue before Judge Barnes was whether there had been an "unreasonable act or omission" by Mr. Adachi in the conduct of the earlier proceeding, which would warrant an order for costs in favour of Qantas pursuant to section 570 of the *Fair Work Act 2009* (Cth).
Judge Barnes found that Mr. Adachi's conduct in the earlier proceeding, specifically his failure to attend a scheduled conciliation conference and his subsequent failure to provide any explanation or apology for this absence, constituted an unreasonable act or omission. The Court reasoned that such conduct significantly impeded the efficient resolution of the dispute and imposed unnecessary costs and inconvenience on Qantas. Accordingly, the Court ordered that Mr. Adachi pay Qantas's costs of the earlier proceeding.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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