Australian Super Pty Ltd v Woodward (No 2) [2009] FCAFC 180

FEDERAL COURT OF AUSTRALIA

Australian Super Pty Ltd v Woodward (No 2) [2009] FCAFC 180

COSTS – Application – Costs certificate – Self-represented litigant - Whether appropriate to issue costs certificate – Held not appropriate to authorise payment in respect of costs incurred by self-represented litigant in relation to appeal – Held appropriate to authorise payment in respect of costs incurred by self-represented litigant in relation to appeal which appellant is obliged to pay to respondent in pursuance of an order of the Court

Federal Proceedings (Costs) Act 1981 (Cth) ss 6, 7 AUSTRALIAN SUPER PTY LTD (FORMERLY STA) and COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED v NIGEL WOODWARD and SUPERANNUATION COMPLAINTS TRIBUNAL

QUD 147 of 2008

FINKELSTEIN, GREENWOOD & LOGAN JJ

22 DECEmber 2009

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 147 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: AUSTRALIAN SUPER PTY LTD (FORMERLY STA)

First Appellant

COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED

Second Appellant

AND: NIGEL WOODWARD

First Respondent

SUPERANNUATION COMPLAINTS TRIBUNAL

Second Respondent

JUDGES: FINKELSTEIN, GREENWOOD & LOGAN JJ

DATE OF ORDER: 22 december 2009

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The District Registrar is to prepare a certificate reciting that, though in the opinion of the Court it would not be appropriate for the Attorney-General (Cth) to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the Respondent in respect of the costs incurred by the Respondent in relation to the appeal, because he appeared on his own behalf, the Court is of the opinion that it would be appropriate for the Attorney-General (Cth) to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the Respondent in respect of any costs incurred by an Appellant in relation to the appeal (but not in respect of the cross appeal) that have been, or are required to be, paid by the Respondent to the Appellant in pursuance of an order of the Court, not being costs to which a costs certificate granted under s 7 relates. 2. The District Registrar transmit the certificate to the Attorney-General for the Commonwealth and furnish copies of the same to the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA