Anning v Western Sydney University (No.3)

In *Anning v Western Sydney University (No.3)*, the Federal Court of Australia considered an application for costs made by Western Sydney University (the respondent) following the dismissal of the applicant's claim under the *Fair Work Act 2009* (Cth). The applicant, Mr. Anning, had brought proceedings against the University alleging contraventions of the Act.

The central legal issue before the Court was whether the applicant's failure to accept a notice of offer to compromise made by the respondent was unreasonable, thereby justifying an order for the applicant to pay the respondent's costs. The Court was required to assess the reasonableness of the applicant's conduct in light of the offer and the eventual outcome of the proceedings.

Judge Cameron applied the principles governing costs orders in proceedings under the *Fair Work Act*, particularly in circumstances where a notice of offer to compromise has been made. The Court considered the terms of the offer, the strength of the applicant's case, the eventual outcome of the litigation, and whether the applicant had acted reasonably in rejecting the offer. The Court found that the applicant's failure to accept the offer was unreasonable, given the circumstances and the eventual dismissal of his claim.

Consequently, the Court ordered that the applicant pay the respondent's costs of the proceedings, to be summarily assessed if not agreed.