Timming v ROBERTSON

In *Timming v Robertson*, Street J of the Federal Court of Australia considered an application by Mr Timming for suppression of certain information. The respondent, Robertson, sought costs associated with this suppression application.

The primary legal issue before the Court was whether to grant Mr Timming's application for suppression and, consequently, whether to make a costs order in favour of the respondent for the costs incurred in opposing that application.

Street J found that Mr Timming's course of action was not a proper one. The Court was satisfied that the powers under section 570 of the *Fair Work Act 2009* (Cth) were enlivened and that the circumstances warranted a costs order for the unnecessarily incurred expenses. The Court ordered that Mr Timming pay the respondent's costs, fixed at $3,737.00, payable forthwith within 28 days.