Judge said court ‘can and should mark it disapproval’ at Ms Burke’s conduct during proceedings
olicitor Ammi Burke has been ordered to pay most of the legal costs incurred by the Workplace Relations Commission and her former employer in successfully defending against her challenge to a rejection of her unfair dismissal claim. Photograph: Collins Courts
She ordered Ms Burke to pay the bulk of the WRC and law firm Arthur Cox’s legal fees on a “legal practitioner and client basis”, which covers all reasonable costs incurred, even those that were not absolutely necessary. This order excludes the expense of the adjourned costs hearing last week and any costs relating to the engagement of a stenographer and transcript of the hearing.
The court accepted a later explanation that the stenographer had furnished the transcripts to the court without instructions from Arthur Cox or the WRC. Ms Justice Bolger did not agree with Ms Burke’s contention that the court’s receiving and relying upon the transcripts impugns its judgment. Ms Justice Bolger said she has made “no finding critical of the institution of these proceedings”, and she was satisfied there was an “arguable case” for Ms Burke’s requested orders.
The court was not persuaded she rendered a public service in instituting the proceedings or that her failed application seeking for Ms Justice Bolger to recuse herself was bone fide and reasonable.
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