Section 570 of the Fair Work Act does not preclude the court from exercising its power under s 43(3)(f) to order a party's lawyer to bear costs personally, but the court must first be satisfied that the s 570(2) preconditions are met before considering whether to exercise that power. The prima facie entitlement to costs on discontinuance under r 26.12(7) of the Federal Court Rules has no room to operate in Fair Work Act proceedings. A solicitor who joins a party's legal representative as a respondent alleging accessorial liability under s 550 without factual or legal foundation, and who persists in that course despite early warnings, may be ordered to bear costs personally.
The full text is available to signed-in members, including the 155 later cases that cite this judgment.
15 of the 155 citing cases carry a classified treatment. How each court treated it is available to signed-in members.