Augusta Ventures Limited v Mt Arthur Coal Pty Limited [2020] FCAFC 194 (10 November 2020) (Allsop CJ, Middleton and White JJ)


Catchwords:


REPRESENTATIVE PROCEEDINGS – whether the Court has power to make an order of security for costs sought against funder in industrial class action – whether the Court should exercise its discretion to make such an order

INDUSTRIAL LAW – purpose of s 570 of the Fair Work Act 2009 (Cth) – importance of “no costs” jurisdiction brought about by s 570 to questions of power and discretion to award security for costs

COSTS – consideration of the character of a security for costs order – consideration of the consequences of non-compliance with such an order