Dixon v Pro-Tect Security Management Pty Ltd

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

1. This is the third judgment in this proceeding concerning the underpayment by the first respondent, Pro-Tect Security, of its erstwhile employee, Mr Dixon, the applicant. In the first judgment, Dixon v Pro-Tect Security Management Pty Ltd [2022] FedCFamC2G 854, it was found that Pro-Tect Security had contravened the Security Services Industry Award 2010 and the Security Services Industry Award 2020 and so also s.45 of the Fair Work Act 2009 (Cth) (FW Act) by failing to pay Mr Dixon his casual loading and penalty rate entitlements during its employment of him. In the second judgment, Dixon v Pro-tect Security Management Pty Ltd (No 2) [2024] FedCFamC2G 47, it was found that Pro-Tect Security was liable to pay compensation and pecuniary penalties to Mr Dixon. It was also ordered to pay Mr Dixon 25% of his costs of the proceeding assessed in accordance with the Court's scale as at the date of that judgment, 29 January 2024.
2. The parties were directed to file written submissions but only Mr Dixon did so.
3. These reasons concern the quantification of the costs payable by Pro-Tect Security to Mr Dixon.

1. Part 1 of sch.2 to the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) provides an event-based scale of costs for matters such as this one. As at 29 January 2024 it stated:

1. Filed with Mr Dixon's written submissions in this stage of the proceeding was a report prepared by Blue Ribbon Legal setting out their calculation of his costs entitlement and the method underlying that calculation. Unfortunately, those costs were calculated by reference to the Federal Court Rules 2011 (Cth), not the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth), as ordered. Consequently, the report is of limited assistance. It is of no assistance in relation to the time costing of solicitors' professional fees but does illuminate the disbursements Mr Dixon incurred, including counsel's fees, to which I will return.

1. By reference to this Court's scale of costs and the following item numbers, I calculate the professional fees component of Mr Dixon's costs order as follows:

Initiating or opposing an application up to the completion of the first court date

Interim or summary hearing - as a discrete event

Costs submissions

Dispute resolution litigation intervention

Mediation

Preparation for final hearing - one day matter

Contravention

Preparation for final hearing - one day matter

Compensation and penalty

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

Contravention

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

Compensation and penalty

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

Costs

Daily hearing fee - short mention

Directions hearings on

10.12.21

22.12.21

28.01.22

22.04.22

31.05.22

342.19

342.19

342.19

342.19

342.19

Daily hearing fee - half day

Contravention hearing

1. In relation to disbursements, I accept the opinions expressed in the Blue Ribbon Legal report that the following disbursements are allowable in the amounts claimed:

1. These amounts total $40,754.86. A quarter of that figure is $10,188.72.

1. Based on the costs available to the applicant pursuant to the Cout's scale and after reducing them by 75%, I assess the costs payable by the first respondent to the applicant at $10,188.72.
2. There will be an order accordingly.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Cameron.