Thomas v University of Melbourne (No 4)

In the case of Thomas v University of Melbourne (No 4), the applicant, Mr Thomas, brought various proceedings against the University of Melbourne and the Fair Work Commission. The University of Melbourne and the Fair Work Commission sought dismissal of the proceedings due to Mr Thomas's disruptive conduct in Court, including attacks on the authority of the Court and unfounded allegations against legal practitioners. The Commonwealth Attorney-General intervened in the case and submitted that Mr Thomas's submissions did little more than attack the authority and reputation of the Court without providing any reason as to why the proceedings should not be dismissed.

The legal issues in the case involved whether the applicant's conduct in Court constituted an abuse of process and whether the respondents were entitled to costs. The Court found that Mr Thomas's conduct was disruptive and amounted to an abuse of process. The Court also found that the hearing on 1 February 2019 was rendered largely futile as a result of Mr Thomas's extreme conduct. The University of Melbourne assessed its costs as $3,727.80, and the Court made a lump sum order for the University's costs of the hearing on 1 February 2019 in the sum of $3,000. The Court reserved the University's costs in proceeding VID 950 of 2018 for later consideration.

The Court dismissed the proceedings and ordered Mr Thomas to pay the University's costs of the hearing on 1 February 2019 fixed in the sum of $3,000. The Court also ordered that the University shall not be entitled to recover from Mr Thomas more than the total sum of $3,000 across proceedings numbered VID 738 and VID 1407 of 2018 in respect of the hearing on 1 February 2019. The Court gave the respondents and the applicant the opportunity to make submissions on the costs of the proceedings.