Proceedings seeking declarations that a party is not an 'employer' under the Workplace Relations Act 1996 (Cth) are proceedings 'in a matter arising under' that Act for the purposes of s 824(1), because the resolution of the matter requires construction of the statutory definition. The costs restriction in s 824(1) therefore applies. This analysis is likely applicable to the analogous provision in s 570 of the Fair Work Act 2009 (Cth). However, the dissent of Logan J, drawing on McJannet No 2 and Collins v Charles Marshall, offers a competing analysis that proceedings to vindicate the absence of a right under the Act are not proceedings arising under it.
The full text is available to signed-in members, including the 1 later case that cites this judgment.