Liu v Stephen Grubits and Associates

FEDERAL COURT OF AUSTRALIA

Liu v Stephen Grubits and Associates [2019] FCAFC 24

Appeal from:

Liu v Stephen Grubits and Associates (No 2) [2018] FCCA 842

File number:

NSD 783 of 2018

Judges:

REEVES, KERR AND LEE JJ

Date of judgment:

12 February 2019

Catchwords:

INDUSTRIAL LAW – appeal from the Federal Circuit Court – whether primary judge erred in awarding costs against the appellant in a matter arising under the Fair Work Act 2009 (Cth)

COSTS – contention that there is no power for the Federal Circuit Court to award costs against a party in proceedings relating to a matter arising under the Fair Work Act – consideration of the construction and application of s 570 of the Fair Work Act in circumstances where s 79 of the Federal Circuit Court of Australia Act 1999 (Cth) does not apply in proceedings relating to a matter arising under the Fair Work Act – appeal dismissed – Federal Circuit Court does have power to award costs against a party when the preconditions specified in s 570(2) of the Fair Work Act are satisfied  

Legislation:

Acts Interpretation Act 1901 (Cth) ss 13, 15AA
Fair Work Act 2009 (Cth) ss 12, 539, 545, 569, 569A, 570, Pt 4-2 Div 4
Federal Circuit Court of Australia Act 1999 (Cth) s 79
Federal Court of Australia Act 1976 (Cth) s 43
Judiciary Act 1903 (Cth) s 79

Cases cited:

Australasian Meat Industry Employees’ Union v Fair Work Australia (No 2) [2012] FCAFC 103; (2012) 203 FCR 430

Commissioner of Police for New South Wales v Eaton [2013] HCA 2; (2013) 252 CLR 1

Commonwealth v Baume (1905) 2 CLR 405

Cooper Brookes (Wollongong) Proprietary Limited v Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297

Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221

SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 91 ALJR 936

Date of hearing:

12 February 2019

Registry:

New South Wales

Division:

Fair Work Division

National Practice Area:

Employment & Industrial Relations

Category:

Catchwords

Number of paragraphs:

20

Counsel for the Appellant:

Mr I Chatterjee

Solicitor for the Appellant:

AHL Legal

Counsel for the Respondent:

Mr C Lambert

Solicitor for the Respondent:

Michael Green Legal

ORDERS

NSD 783 of 2018

BETWEEN:

YUNLONG LIU

Appellant

AND:

STEPHEN GRUBITS & ASSOCIATES

Respondent

JUDGES:	REEVES, KERR AND LEE JJ
DATE OF ORDER:	12 FEBRUARY 2019

THE COURT ORDERS THAT:

1.The amended notice of appeal filed 25 September 2018 is dismissed.

2.The appellant is to file an outline of submissions on the question of costs within 7 days.

3.The respondent is to file an outline of submissions on the question of costs within 14 days.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Revised from the transcript)

THE COURT:

1. A costs order was made by the primary judge in a Federal Circuit Court of Australia proceeding in relation to…