Federal Court of Australia
Federal Court of Australia
Bob Brown Foundation Inc v Commonwealth of Australia (No 2) [2021] FCAFC 20 File number(s): VID 553 of 2020
Judgment of: GRIFFITHS, MOSHINSKY AND SC DERRINGTON JJ
Date of judgment: 26 February 2021
Catchwords: COSTS – discretion to award costs – costs of hearing and determination of separate question concerning Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether to depart from usual costs rule – consideration of "public interest litigation" – particular circumstances of the case justified departure from the usual costs rule – each party to bear its own costs
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), s 475 Federal Court of Australia Act 1976 (Cth), s 43 Environmental Planning and Assessment Act 1979 (NSW), s 123(1) Land and Environment Court Act 1979 (NSW), s 69(2)
Cases cited: Bob Brown Foundation Inc v Commonwealth of Australia [2021] FCAFC 5 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Forestry Tasmania v Brown [2007] FCAFC 186; 167 FCR 34 Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661; 194 FCR 250
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: Determined on the papers
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate