FEDERAL COURT OF AUSTRALIA
Health Services Union v Jackson (No 5) [2015] FCA 1467
Citation: Health Services Union v Jackson (No 5) [2015] FCA 1467 Parties: HEALTH SERVICES UNION v KATHERINE JACKSON;
KATHERINE JACKSON v HEALTH SERVICES UNIONROBERT ELLIOTT v HEALTH SERVICES UNION; HEALTH SERVICES UNION v ROBERT ELLIOTT, MICHAEL WILLIAMSON AND KATHERINE JACKSON
File numbers: VID 1042 of 2013
NSD 1501 of 2013Judge: TRACEY J Date of judgment: 22 December 2015 Catchwords: INDUSTRIAL LAW – practice and procedure – application for pre-judgment interest – relevant considerations for award of interest – application for lump sum costs order – whether s 329(1) of the Fair Work (Registered Organisations) Act 2009 (Cth) constrained the Court’s power to awards costs in proceedings brought under the Fair Work (Registered Organisations) Act 2009 (Cth) and the Corporations Act 2001 (Cth) – whether indemnity costs should be awarded where Calderbank offer made Legislation: Bankruptcy Act 1966 (Cth) s 55
Building and Construction Industry Improvement Act 2005 (Cth)
Corporations Act 2001 (Cth) s 1335(2)
Fair Work Act 2009 (Cth) s 570(1)
Fair Work (Registered Organisations) Act 2009 (Cth) s 329(1)
Federal Court of Australia Act 1976 (Cth) ss 43, 51A(1)(a), 51A(2)(a)
Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO(1)
Racial Discrimination Act 1975 (Cth)
Workplace Relations Act 1996 (Cth) ss 170CP(1), 170CS(1), 824Cases cited: Alpine Hardwoods(Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 – cited
Bahonko v Sterjov (2008) 166 FCR 415 – considered
Black v Lipovac (1998) 217 ALR 386 – cited
Calderbank v Calderbank [1975] 3 All ER 333 – cited
Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464 – followed
Cutts v Head [1984] Ch 290 – cited
Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 – cited
GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd (2003) 201 ALR 55 – cited
Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd (2008) 249 ALR 371 – cited
Hamod v New South Wales (2002) 188 ALR 659 – cited
Harrison v Schipp (2002) 54 NSWLR 738 – cited
Health Services Union v Jackson (No 4) [2015] FCA 865 – cited
Kazar v Kargarian (2011) 197 FCR 113 – cited
Melbourne Stadiums Limited v Sautner (2015) 229 FCR 221 – cited
Perry v Comcare (2006) 150 FCR 319 – cited
Ruddock v Vadarlis(No 2) (2001) 115 FCR 229 – cited
Seven Network Ltd v News Ltd [2007] FCA 2059 – cited
Smallacombe v Lockyer Investment Company Pty Ltd (1993) 42 FCR 97 – cited
Sony Entertainment Australia Limited v Smith (2005) 215 ALR 788 – cited
Telstra Corporation Limited v Phone Directories Company Pty Ltd (No 3) [2014] FCA 949 – citedDate of hearing: Determined on the papers Date of last submissions: 4 November 2015 Place: Melbourne Division: FAIR WORK DIVISION Category: Catchwords Number of paragraphs: 66 Counsel for the…
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- Case
- [2015] FCA 1467
- Decision Date
CaseChat Overview and Summary
The Court examined the statutory provisions and considered the purpose of pre-judgment interest, which is to compensate a successful applicant for being kept out of their monetary entitlements. Under section 51A of the Federal Court of Australia Act 1976, interest can be awarded unless good cause is shown to the contrary. The Court found that no such good cause had been demonstrated by Ms Jackson. Furthermore, the Court noted its broad discretion to award interest at a rate it deems fit. The Union's calculations, which took into account adjustments favourable to Ms Jackson, were accepted by the Court.
In conclusion, the Court awarded pre-judgment interest to the Union at the rate specified by Practice Note CM 16 and granted a lump sum costs order. The respondent was ordered to pay $554,215.67 by way of judgment interest, and the third cross-respondent was ordered to pay $86,633.81 to the respondent/cross-claimant by way of judgment interest. Additionally, the respondent was required to pay the Union's costs in the amount of $356,500 as a lump sum.
Orders
Orders of the court
1. The respondent pay the applicant $554,215.67 by way of judgment interest.
2. Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth) the respondent pay the applicant’s costs by way of a lump sum order fixed at $356,500.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
1. The third cross-respondent pay the respondent/cross-claimant $86,633.81 by way of judgment interest.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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