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Applicants’ right to recover costs in claims for unlawful discrimination

Employment Law: 05 September 2025

Amendments to the Australian Human Rights Commission Act introduced late in 2024 provide greater protection for those bringing claims based on unlawful discrimination or sexual harassment. The amendments effectively change the effect of section 570 of the Fair Work Act, which provides that parties usually bear their own costs of proceedings, whether successful or not, for claims brought in the Federal Court and the Federal Circuit and Family Court of Australia.

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