Dalglish v MDRN Pty Ltd (No.2)

In *Dalglish v MDRN Pty Ltd (No.2)*, the applicant, Dalglish, had brought claims against the respondent, MDRN Pty Ltd, alleging breach of contract at common law and also making claims under the *Fair Work Act 2009* (Cth). The applicant was unsuccessful in all of these claims. The respondent sought an order for costs in relation to the failed common law claims.

The central legal issue before Judge Cassidy was whether section 570 of the *Fair Work Act 2009* (Cth) operated to limit the Court's power to award costs in respect of the common law claims that had been brought alongside the statutory claims. Additionally, the respondent sought costs under section 570(2)(b) of the *Fair Work Act 2009* (Cth), arguing that certain costs incurred and omissions made by the applicant were unreasonable.

Judge Cassidy determined that section 570 of the *Fair Work Act 2009* (Cth) did not preclude the Court from awarding costs in relation to the common law claims. The Court reasoned that the statutory provision primarily governed costs in relation to the *Fair Work Act* claims themselves, and did not extinguish the Court's inherent or general jurisdiction to award costs for related common law claims. Regarding the application under section 570(2)(b), the Court found that the applicant's conduct in relation to the costs and omissions in question was not unreasonable to the extent required to justify an order for costs under that specific provision.

The Court ordered that the applicant pay the respondent's costs of the proceeding, but limited those costs to the extent that they were attributable to the common law claims. The respondent's application for costs under section 570(2)(b) of the *Fair Work Act 2009* (Cth) was dismissed.