20 Jun 2012
No Costs Jurisdiction No More?
Today, as a result of submissions made by M+K Lawyers, Federal Magistrate O’Sullivan of the Federal Magistrates Court determined that an unsuccessful applicant in a General Protections claim should pay the respondent employer’s legal costs.
This decision will potentially have a monumental affect on General Protections claims across the Nation. What has to date been a “no costs jurisdiction” is no more.
Costs were awarded to our client, the respondent employer, on the basis that:
- Firstly, the applicant’s approach to the conduct of the trial resulted in the respondent incurring legal costs; and
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Secondly, that the Applicant should have accepted, but did not accept an offer to “walk away” which was made by the Respondent some months prior to the trial.
We expect that this decision will assist employers to, in the future, obtain orders for costs in General Protections matters and perhaps also act as a form of deterrent to applicants considering bringing or pursuing a claim.
Cugura v Frankston City Council (No.2) [2012] FMCA 530
This article was written by Michelle Dawson, Senior Associate. Contact Michelle on (03) 9794 2531 or at michelle.dawson@mk.com.au.
You can also contact M+K in your state:
Victoria - (03) 9794 2600
New South Wales - (02) 8298 9533
Queensland - (07) 3235 0400
Tasmania - (03) 6210 0000
