Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2)

The appellant, the Director, Office of the Fair Work Building Industry Inspectorate, appealed a decision made by the Fair Work Commission (FWC) in a dispute with the Construction, Forestry, Mining and Energy Union (CFMEU). The primary dispute centred around the costs incurred due to an amendment made to the notice of appeal. The case was heard by the Full Bench of the Fair Work Commission.

The key legal issues the court had to determine were whether the costs incurred by the respondents as a result of the amendment to the notice of appeal should be disregarded, and if the costs of the appeal should be taxed separately. The court was tasked with assessing the implications of the amendment rule on the allocation of costs and whether the standard approach to taxing costs should be altered in light of the circumstances of this case.

In its decision, the court ruled that the costs thrown away by reason of the amendment to the notice of appeal should be borne by the appellant. The court found that the amendment significantly affected the respondents, leading to unnecessary costs. Additionally, the court decided that the costs of the appeal should not be taxed until the final determination of the new trial, allowing for a more comprehensive assessment of the overall costs incurred in the proceedings.

The final orders of the court were that the appellant pay the respondents' costs thrown away by reason of the amendment to the notice of appeal, and that the costs of the appeal not be taxed until the final determination of the new trial. This decision ensures that the respondents are compensated for the additional costs incurred due to the amendment and that the overall costs are considered in the context of the entire case.