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ARTICLE · 11 AUGUST 2017

LimeLight Issue No. 69: Costs in Fair Work proceedings

Gilchrist Connell
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These cases are useful overviews of relevant principles a Court will apply in exercising its discretion to order costs.

AustraliaEmployment and HR
Joel Zyngier
Joel Zyngier
Naazihah Jamal
Naazihah Jamal
Alexandra King (Formerly With Gilchrist Connell)
Alexandra King (Formerly With Gilchrist Connell)
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Introduction

Court proceedings under the Fair Work Act 2009 (Cth) (FW Act) invariably leave each party bearing its own costs, even if successful.

The recent decisions of Cheng v Western Pursuits Trust (No. 2)1 (Cheng) and Cross v Harbour City Ferries Pty Ltd t/as Harbour City Ferries & Ors (no.2)2 (Cross) provide useful overviews of the relevant principles a Court will apply in exercising its discretion to order costs in such proceedings.

These issues have significant implications for employers when defending such proceedings, which are most commonly general protections ("adverse action") claims, and their insurers as to drafting policy terms, setting premiums as well as reserving and setting defence strategy in EPL claims.

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