Dawson v State of Queensland (Department of the Premier and Cabinet) [2026] QIRC 19

INDUSTRIAL REGISTRAR CITATION: Dawson v State of Queensland (Department of the Premier and Cabinet) [2026] QIRC 019 PARTY: Dawson, Travis (Applicant) v State of Queensland (Department of the Premier and Cabinet) (Respondent) CASE NO: B/2025/9 PROCEEDING: Application for costs assessment DELIVERED ON: HEARING DATE: 23 January 2026 On the papers MEMBER: Industrial Registrar Shelley ORDERS: 1. That the Respondent's costs of and incidental to the substantive application have been assessed as being in the amount of $37,623.18, calculated in accordance with the scale of costs of the Magistrates Court as outlined in Schedule 2 of the Uniform Civil Procedure Rules 1999. 2. The Applicant is to pay the Respondent's costs within 28 days of the date of this assessment decision, as ordered in the Costs Order of Vice President O'Connor on 29 August 2025. CATCHWORDS: INDUSTRIAL LAW – QUEENSLAND – application in existing proceedings pursuant to s 545 of the Industrial Relations Act 2016 and r 70 of the Industrial Relations (Tribunals) Rules 2011 – Court ordered costs be assessed by Industrial Registrar – Costs assessed on the scale of costs of -- 1 of 4 -- 2 the Magistrates Courts as outlined in Schedule 2 of the Uniform Civil Procedure Rules 1999 – Applicant to pay costs of the Respondent LEGISLATION: CASES: Industrial Relations Act 2016, s 545 Industrial Relations (Tribunals) Rules 2011, r 70 Uniform Civil Procedure Rules 1999, r 702, r 708, Schedule 2 Dawson v State of Queensland (Department of the Premier and Cabinet) [2025] QIRC 109 Reasons for Decision Background [1] On 29 August 2025, Vice President O'Connor issued a Costs Order, following his decision to refuse an application to reopen proceedings which was released on 1 May 20251. The Costs Order ordered the following: 1. That the Applicant pay the Respondent's costs of and incidental to these proceedings, on the standard basis, to be calculated on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999. 2. The costs be in an amount agreed, or if the parties fail to reach agreement within 14 days of this order: a. The Respondent is to file in the Industrial Registry and serve on the Applicant its schedule of costs claimed within 28 days of this order; b. The Applicant is to file and serve any objection to the costs claimed within 21 days of being served with the schedule of the costs claimed; and c. Costs are to be assessed by the Industrial Registrar following an Application for Costs Assessment being made by the Respondent. 3. The Applicant is to pay the Respondent's costs of any assessment. 4. Any costs agreed or assessed are to be paid within 28 days of agreement or assessment. [2] In accordance with those orders, the State of Queensland (Department of the Premier and Cabinet)(Respondent) filed in the Industrial Registry on 26 September 2025 and served on Mr Travis Dawson (Applicant) its schedule of costs claimed. 1 Dawson v State of Queensland (Department of the Premier and Cabinet) -- 2 of 4 -- 3 [3] Pursuant to Vice President O'Connor's orders, the Applicant was required to file and serve any objection to the costs claimed within 21 days of being served with the schedule. No such objection was filed. [4] As no Application for Costs Assessment had been made by the Respondent, as per Vice President O'Connor's orders, I issued a Directions Order on 16 December 2025 in which the following directions were made: 1. That the Respondent file in the Industrial Registry, and serve on the Applicant, an Application for Costs Assessment by 4:00pm on Monday 22 December 2025. 2. That the Applicant file in the Industrial Registry, and serve on the Respondent, any written statement in response to the Application for Costs Assessment by 4:00pm on Monday 5 January 2026. 3. That the matter be dealt with on the papers pursuant to s 513(2) of the Industrial Relations Act 2016 unless the parties request by 4:00pm on Monday 12 January 2026 for leave to make oral submissions or further written submissions. [5] On 22 December 2025, the Respondent filed an Application in existing proceedings for a costs assessment which was accompanied by an Affidavit sworn by Ms Tamara Lutvey, a solicitor employed by Ashurst Australia. These documents were duly served on the Applicant. [6] As outlined in exhibit TL-1 to the Affidavit of Ms Lutvey, the total amount claimed for recovery by the Respondent is $37,623.18. [7] In the absence of any response from the Applicant, it was taken that there was no objection to the application, or to the content of Ms Lutvey's affidavit. Relevant legislative framework [8] Rule 70 of the Industrial Relations (Tribunals) Rules 2011 (Rules) provides: 70 Costs (1) This rule applies if the court or commission makes an order for costs under section 545 of the Act or the Work Health and Safety Act 2011, section 229EA. (2) The court or commission, in making the order, may have regard to - (a) for a proceeding before the commission - the costs payable on the scale of costs for Magistrates Courts under the Uniform Civil Procedure Rules 1999, schedule 2; or (b) for a proceeding before the court or the full bench - the costs payable on the scale of costs for the Supreme Court and District Court under the Uniform Civil Procedure Rules 1999, schedule 1; or (c) any other relevant factor. -- 3 of 4 -- 4 (3) The court may order that costs be assessed by the registrar and, in assessing costs, the registrar may have regard to the Uniform Civil Procedure Rules 1999, chapter 17A. [9] Rule 702(2) of the Uniform Civil Procedure Rules 1999 (UCPR) provides: 702 Standard basis of assessment … (2) When assessing costs on the standard basis, a costs assessor must allow all costs necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being assessed. [10] Rule 708(3) of the UCPR provides: 708 Default assessment if no objection to costs statement … (3) The costs assessor must, on proof that the costs statement was served on the party liable for the costs - (a) assess the costs without considering each item and by allowing the costs claimed in the costs statement… Consideration [11] I have considered the Application in existing proceedings filed by the Respondent, including the Affidavit of Ms Lutvey. As there has been no objection to the costs statement, r 708(3) of the UCPR has been enacted. I have assessed the costs payable by the Applicant to the Respondent, pursuant to the Order of Vice President O'Connor dated 29 August 2025, to be in the amount of $37,623.18, as claimed. Order [12] As a consequence of the above consideration, I order as follows: 1. That the Respondent's costs of and incidental to the substantive application have been assessed as being in the amount of $37,623.18, calculated in accordance with the scale of costs of the Magistrates Courts as outlined in Schedule 2 of the Uniform Civil Procedure Rules 1999. 2. The Applicant is to pay the Respondent's costs within 28 days of the date of this assessment decision, as ordered in the Costs Order of the Vice President O'Connor on 29 August 2025. -- 4 of 4 --