Federal Court of Australia
Federal Court of Australia
Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia (No 2) [2023] FCAFC 113 File number: NTD 43 of 2019
Judgment of: MORTIMER CJ, MOSHINSKY AND BANKS-SMITH JJ
Date of judgment: 20 July 2023
Catchwords: NATIVE TITLE – costs – where the Full Court determined separate questions in favour of the applicant and certain respondents (the Rirratjingu parties) – where the applicant and the Rirratjingu parties sought an order that the first respondent (the Commonwealth) pay their costs of and in relation to the hearing of the separate questions – where all parties accepted that s 85A of the Native Title Act 1993 (Cth) applied, such that the starting point was that each party must bear their own costs – whether sufficient reason to depart from that starting point – held: each party to bear their own costs
Legislation: Constitution s 51(xxxi), 122 Federal Court of Australia Act 1976 (Cth), s 43 Judiciary Act 1903 (Cth), s 40 Native Title Act 1993 (Cth), s 85A
Cases cited: Cheedy v Western Australia (No 2) [2011] FCAFC 163; 199 FCR 23 Wurridjal v Commonwealth [2009] HCA 2; 237 CLR 309
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