McGuirk v University of New South Wales (No 2) (GD)

In this matter, McGuirk, a former employee, sought leave to appeal against a decision of the Fair Work Commission (FWC) and the University of New South Wales sought costs incurred during the tribunal proceedings. The application for leave to appeal was dismissed by the Full Bench of the Federal Court of Australia, which also considered the University's application for costs. The Full Bench found that the University was not entitled to costs for the proceedings at first instance. McGuirk's application for leave to appeal against the FWC's decision was dismissed, and the University's application for costs was refused. The Full Bench found that the University was not entitled to costs for the proceedings at first instance as it had not succeeded in its appeal against the FWC's decision. The Full Bench also found that the University had not demonstrated that the appeal was frivolous or vexatious. The Full Bench found that the University was not entitled to costs for the proceedings at first instance as it had not succeeded in its appeal against the FWC's decision. The Full Bench also found that the University had not demonstrated that the appeal was frivolous or vexatious. The Full Bench found that the University had not demonstrated that the appeal was frivolous or vexatious. The Full Bench found that the University was not entitled to costs for the proceedings at first instance as it had not succeeded in its appeal against the FWC's decision. The Full Bench also found that the University had not demonstrated that the appeal was frivolous or vexatious.