Johnston v The Trustee for The MTGI Trust [2015] FWC 996

(#P40_4400) See Transcript of matter U2014/345 on 15 January 2015 at PN1157.

(#P45_5348) See Transcript of matter U2014/345 on 15 January 2015 at PN1185-1186.

(#P90_9640) The Trustee for The MTGI Trust T/A Macquarie Technology Group International v David Johnston [2015] FWCFB 1288.

(#P129_13221) See Baker v Salva Resources Pty Ltd [2011] FWAFB 4014 at [10].

7 See Construction, Forestry, Mining and Energy Union v Clarke [2008] FCAFC 143 at [29]; [2008] FCAFC 143; (2008) 170 FCR 574; (2008) 176 IR 245.

(#P158_17364) See also s.401 which provides for the costs orders being made in unfair dismissal matters against lawyers and paid agents.

(#P161_17926) In Heidt v Chrysler Australia Ltd, (1976) 26 FLR 257 at 274 Northrop J said:

"Great care must be exercised to ensure that in finding that a party has instituted proceedings vexatiously or without reasonable cause, that party is not improperly deprived of his freedom from liability to pay costs to an opposing party. The test is a substantial one."

(#P166_18939) Nilsen v Loyal Orange Trust (1997) 76 IR 180, 181; citing Attorney-General v Wentworth (1988) 14 NSWLR 481, 491; cited in Holland v Nude Pty Ltd (t/as Nude Delicafe) (2012) 224 IR 16 at [7].

(#P171_19932) [2014] FWCFB 810.

(#P184_21821) [2012] FWAFB 3292

(#P185_21974) [2010] HCA 28; (2010) 241 CLR 118. See especially at 132-133 per French CJ and Gummow J and at 141 per Hayne, Crennan, Kiefel and Bell JJ.

(#P186_22174) Kanan v Australian Postal and Telecommunications Union [1992] FCA 539; (1992) 43 IR 257; cited in Dryden v Bethanie Group Inc [2013] FWC 224 at [20].

(#P187_22644) [2011] FWAFB 4014 at [10].

(#P190_23005) [2009] AIRCFB 626

(#P191_23381) Ibid at [35], [47].

(#P198_25112) See [2014] FWC 7098 in particular at [4] - [5], [8] - [10], [15] - [16], and [42] - [50].

(#P201_25556) This included the making of representations and submissions to the Commission, other than in accordance with the directions issued, through a series of e-mails some of which were not copied by the respondent to the applicant or his solicitor.

(#P202_26089) See Transcript at PN 859-862, 878-879.

(#P209_27205) The evidence of Mr Kerr was not presented in accordance with directions given by the Commission regarding the filing of evidence and witness statements and was adduced on the second day of the hearing. The evidence was of little significance or support in relation to the respondent's case.

(#P210_27582) See [2014] FWC 7098 at [19], [25], [45], [46], [48], [52], [54], [71].

(#P219_30224) See Ranieri v BioGiene Pty Ltd [2011] FWA 9138 at [12].

(#P220_30624) See [2014] FWC 7098 at [15] and references there cited.

(#P229_32525) See transcript at PN1171-1183, 1185.

(#P232_33356) See Stanley v QBE Management Services Pty Ltd [2012] FWA 10164. There is a very useful consideration by Commissioner Jones in this case as to the basis for awarding indemnity costs in Commission proceedings. See also Lock v Aged Care & Housing Group Inc [2013] FWC 4717 and Hennigan v Rocla Pty Ltd [2014] FWC 2290.

(#P233_34218) See Goffett v Recruitment National Pty Ltd [2009] AIRCFB 626 at [48]- [52].

(#P247_35634) See reg.3.08 of the Fair Work Regulations 2009.

(#P248_36326) Item1201 of Part 12 of Schedule 3.1 of the Fair Work Regulations 2009.

(#P249_36665) Item1302 of Part 13 of Schedule 3.1 of the Fair Work Regulations 2009.

(#P256_38159) A similar approach was taken in Ghali v Sutherland Shire Montessori Society (Inc) T/A Sydney Montessori School [2015] FWCFB 345.

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