AxiCorp Financial Services Pty Ltd v CABC (No 2)

FEDERAL COURT OF AUSTRALIA

AxiCorp Financial Services Pty Ltd v CABC (No 2) [2025] FCA 698

File number(s):

NSD 134 of 2025

Judgment of:

BROMWICH J

Date of judgment:

27 June 2025

Catchwords:

COSTS — application for costs under s 570 of the Fair Work Act 2009 (Cth) — whether respondent engaged in unreasonable act or omission by not giving undertaking over alleged confidential information — where applicant sought injunction and suppression orders to prevent disclosure of alleged confidential information — where applicant sought costs on indemnity basis — HELD: costs awarded to applicant on indemnity basis

Legislation:

Fair Work Act 2009 (Cth) ss 368, 570, 570(2)

Federal Court Rules 2011 (Cth) r 2.32

Cases cited:

AxiCorp Financial Services Pty Ltd v CABC [2025] FCA 144

Farrell v Super Retail Group Limited (Confidentiality Applications) [2024] FCA 954

Division:

Fair Work Division

Registry:

New South Wales

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

24

Date of hearing:

17 June 2025

Counsel for the Applicant:

Mr D A Ward

Solicitor for the Applicant:

Norton Rose Fulbright Australia

Counsel for the Respondent:

Mr J Hyde Page

Solicitor for the Respondent:

Harmers Workplace Lawyers

ORDERS

NSD 134 of 2025

BETWEEN:

AXICORP FINANCIAL SERVICES PTY LTD

Applicant

AND:

CABC

Respondent

ORDER MADE BY:	BROMWICH J
DATE OF ORDER:	27 JUNE 2025

THE COURT ORDERS THAT:

1.The respondent pay the applicant’s costs of and incidental to the entirety of this proceeding on an indemnity basis.

2.The costs referred to in order 1 extend to and include costs incurred in relation to and incidental to:

(a)the hearing before Perry J on 4 February 2025, including preparing and filing legal process, submissions and evidence;

(b)the suppression order application hearing before Bromwich J on 25 February 2025, including preparing submissions and evidence;

(c)the delivery of judgment by Bromwich J on 4 March 2025;

(d)the costs hearing before Bromwich J on 17 June 2025, including preparing submissions and evidence; and

(e)the delivery of this judgment.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BROMWICH J:

1. The applicant, AxiCorp, seeks indemnity costs of this proceeding from the respondent, who is known by the pseudonym CABC.  As duty judge, I gave judgment in favour of AxiCorp in AxiCorp Financial Services Pty Ltd v CABC [2025] FCA 144 and made the substance of the suppression order sought. A prior duty judge, Perry J, had granted AxiCorp an interim injunction, which was the principal relief sought by the commencement of this proceeding, as well as an interim suppression order covering certain parts of the evidence relied upon to obtain that relief. This proceeding was brought by AxiCorp in anticipation of CABC bringing proceedings against it in this Court following the filing of a general protections application in the Fair Work Commission which had not resolved an employment dispute between them. 

2. In the Commission, an order in the nature of a suppression order had been made over information contained in…