Fair Work Ombudsman v Priority Matters Ltd

The Fair Work Ombudsman sought a stay of the costs orders made by the Federal Circuit Court against it in proceedings relating to alleged contraventions of the Fair Work Act. The primary judge had ordered the Fair Work Ombudsman to pay $800,000 as costs to the respondents, including Mr Silverbrook and Ms Lee. The Fair Work Ombudsman appealed from these costs orders and sought an interlocutory stay of the costs orders pending the determination of the appeal. The duty judge considered the applications on an urgent basis and made the orders sought by the Fair Work Ombudsman, staying the costs orders made by the primary judge. The duty judge identified the principles relevant to the exercise of the court's discretion in granting a stay of execution of a costs order pending the determination of an appeal. The duty judge found that the Fair Work Ombudsman had established a proper basis for a stay that will be fair to all parties. The duty judge found that the Fair Work Ombudsman had demonstrated a reason or an appropriate case to warrant the exercise of the court's discretion in its favour and that there was a real risk that the Fair Work Ombudsman will suffer prejudice or damage, if a stay is not granted, which will not be redressed by a successful appeal.

The court made orders staying the costs orders made by the primary judge pending the determination of the Fair Work Ombudsman's appeals. The court reserved the costs of the interlocutory application.