The State of Western Australia v Minister for Lands of the State of Western Australia & Ors [1995] FCA 526

C A T C H W O R D S PRACTICE & PROCEDURE - costs - applicants successful on some issues - respondents successful on others - discretionary judgment - matter of impression and evaluation. THE STATE OF WESTERN AUSTRALIA, MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA, MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA v. MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Nos WAG 26, 39 and 53 of 1994 MALCOLM McDONALD DOUGLAS AND VALERIE ANNE DOUGLAS v. MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS Nos. WAG 25, 40 and 45 of 1994 MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA v. THE STATE OF WESTERN AUSTRALIA, MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA AND MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA No. WAG 55 of 1994 CARR J PERTH 24 MAY 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) Nos. WAG 26, 39 and 53 of 1994 B E T W E E N: THE STATE OF WESTERN AUSTRALIA First-named Applicant MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA Second-named Applicant MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA Third-named Applicant and MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Respondent Nos. WAG 25, 40 and 45 of 1994 MALCOLM McDONALD DOUGLAS AND VALERIE ANNE DOUGLAS Applicants and MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Respondent

No. WAG 55 of 1994 MINISTER FOR ABORIGINAL AND TORRES STRAIT ISLANDER AFFAIRS OF THE COMMONWEALTH OF AUSTRALIA Applicant and THE STATE OF WESTERN AUSTRALIA First Respondent MINISTER FOR LANDS OF THE STATE OF WESTERN AUSTRALIA Second Respondent MINISTER FOR ABORIGINAL AFFAIRS OF THE STATE OF WESTERN AUSTRALIA Third Respondent JUDGE MAKING ORDER: CARR J. WHERE MADE: PERTH DATE OF ORDER: 24 MAY 1995 MINUTE OF ORDERS A. APPLICATION NOS WAG 25, 26, 39, 40, 45, AND 53 OF 1994 THE COURT ORDERS THAT: 1. The respondent pay 75% of the applicants' costs. B. APPLICATION NO. WAG 55 OF 1994 1. The applicant pay the respondent's costs. NOTE: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.