Gussen v Swinburne University of Technology

[2026] FCA 39

Federal Court of Australia6 February 2026

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Statutory limits on costs orders
4. › Fair Work Act 2009 (Cth) s 570
5. › Whether interlocutory application 'in relation to' matter arising under Fair Work Act
6. › Whether connection between interlocutory application and Fair Work claims sufficient
7. › Fair Work Act 2009 (Cth), s 570
1. Practice and Procedure
2. › Costs
3. › Statutory limits on costs orders
4. › Fair Work Act 2009 (Cth) s 570(2)
5. › Whether interlocutory application instituted without reasonable cause
6. › Whether overwhelming case for costs order even if s 570 applied
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory costs order
5. › Whether sufficient doubt about correctness of decision
6. › Whether substantial injustice if leave refused
7. › Federal Court of Australia Act 1976 (Cth), s 24(1A)

Quick Take

An interlocutory application made within a Fair Work Act proceeding does not automatically attract the costs protection in s 570(1); the application must itself have a sufficient connection to a matter arising under the Fair Work Act, and a connection based solely on financial pressure from separate non-Fair Work proceedings is insufficient.