O'KANE v Freelancer International Pty Ltd & Anor (No.3)

In *O'Kane v Freelancer International Pty Ltd & Anor (No.3)*, the applicant sought costs against the first respondent, Freelancer International Pty Ltd, under section 570(2)(b) of the *Fair Work Act 2009* (Cth). The applicant contended that the first respondent had engaged in unreasonable conduct in connection with the claims brought under the *Fair Work Act*, leading to the applicant incurring costs. The central dispute revolved around whether the first respondent had established that it incurred specific costs and, crucially, whether those costs were a direct consequence of the applicant's unreasonable conduct.

The court was required to determine two primary legal issues. Firstly, whether the first respondent had successfully demonstrated that it had incurred the costs it claimed. Secondly, if such costs were proven, whether they were demonstrably incurred due to any unreasonable act or omission on the part of the applicant. The court also considered whether the first respondent's own application for costs was itself an unreasonable act, warranting an order against it under section 570 of the *Fair Work Act*.

Judge Manousaridis found that the first respondent's application for costs was unfounded. The court concluded that the first respondent had failed to establish that it incurred the claimed costs, and therefore, could not demonstrate that any such costs were incurred because of the applicant's unreasonable conduct. Consequently, the court made an order under section 570 of the *Fair Work Act* against the first respondent, finding that its application for costs constituted an unreasonable act.