Federal Court of Australia
Federal Court of Australia
EMJ18 v Secretary, Department of Home Affairs (No 2) [2024] FCAFC 88 Appeal from: VKJY v Secretary, Department of Home Affairs [2023] AATA 2551
File number(s): NSD 1096 of 2023
Judgment of: PERRY, SARAH C DERRINGTON AND HORAN JJ
Date of judgment: 28 June 2024
Catchwords: PRACTICE AND PROCEDURE – where unsuccessful applicant ordered to pay the respondent's costs of the application – where Court notified after delivery of reasons of post-hearing concession made by respondent as to costs – previous costs order set aside and replaced with order that there be no order as to costs
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court Rules 2011 (Cth) r 39.04
Cases cited: EMJ18 v Secretary, Department of Home Affairs [2024] FCAFC 87
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 3
Date of last submissions: 22 February 2024
Date of hearing: 1 March 2024
Counsel for the Applicant: Mr S Lloyd SC, Mr J Smith
Solicitor for the Applicant: Varess
Counsel for the Respondent: Mr P Herzfeld SC, Mr G Johnson
Solicitor for the Respondent: Clayton Utz
ORDERS NSD 1096 of 2023
BETWEEN: EMJ18 Applicant
AND: SECRETARY, DEPARTMENT OF HOME AFFAIRS Respondent
order made by: PERRY, SARAH C DERRINGTON AND HORAN JJ DATE OF ORDER: 28 JUNE 2024
THE COURT ORDERS THAT:
1. Order 2 of the orders dated 28 June 2024 be set aside. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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