Dlima v Illion Australia Pty Ltd

In *Dlima v Illion Australia Pty Ltd*, the applicant, an unrepresented individual, alleged breaches of Part 3-1 of the *Fair Work Act 2009* (Cth) against the respondent. The respondent sought an order for the costs of a directions hearing, arguing that the applicant's refusal of a settlement offer constituted an unreasonable act or omission that caused the respondent to incur costs.

The central legal issue before the Court was whether the applicant's refusal of the settlement offer was unreasonable in the circumstances, and if so, whether this refusal directly caused the respondent to incur costs necessitating a costs order in its favour.

Judge O'Sullivan found that while the applicant had refused a settlement offer, this refusal, in itself, did not meet the threshold for an unreasonable act or omission that would justify an order for costs against an unrepresented litigant. The Court applied the general principle that costs follow the event, but also considered the discretion to award costs, particularly in circumstances involving unrepresented parties and the reasonableness of their conduct. The Court determined that the applicant's actions, though leading to the continuation of proceedings, did not warrant penalising the applicant with a costs order.

Consequently, no order was made as to costs.