EEU20 v Meat Industry Employees' Superannuation Fund Pty Ltd (Trustee) (No 2)

The case of EEU20 v Meat Industry Employees' Superannuation Fund Pty Ltd (Trustee) (No 2) involved a dispute concerning an application by the successful parties for costs against the respondent tribunal and trustee. Both respondents had filed submitting notices save as to costs, and the applicants sought an order that the respondents bear their costs. The case was heard in the Australian Federal Court, with the Honourable Justice Bromberg presiding.

The primary legal issue the court had to decide was whether the successful parties should be granted costs against the respondents, given that both parties had filed submitting notices save as to costs. The court considered the purpose and effect of submitting notices, and whether the proceeding was actively contested. The court also considered the usual practice of costs following the event in an adversarial and costs-based jurisdiction.

The court found that while the applicants had successfully challenged the Tribunal’s decision, the proceeding was not actively contested, as both parties had filed submitting notices save as to costs. The court held that the usual practice of costs following the event is generally applied where a proceeding is actively contested, not where parties have filed submitting notices. In this case, each party should bear its own costs of the proceeding, as it was considered the appropriate order given the circumstances. The court emphasised that each case must be considered on its own facts, and the broad discretion the court has concerning costs was exercised in light of the specific circumstances of this proceeding.

The final orders of the court were that each party bear their own legal costs of the proceeding. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.