Brownley v State of Western Australia [1999] FCA 1431

FEDERAL COURT OF AUSTRALIA

BROWNLEY v STATE OF WESTERN AUSTRALIA [1999] FCA 1431 NATIVE TITLE – COSTS – whether application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) for review of a National Native Title Tribunal decision is an application that "relates to" native title – whether statutory disentitlement to costs in s 85A of the Native Title Act 1993 (Cth) applies – whether costs to follow event appropriate. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 9 Federal Court of Australia Act 1976 (Cth) s 43 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 4(1), (4) Native Title Act 1993 (Cth) Pt 4; Div 1A; ss 35, 61, 79A, 80, 81, 85A, 169 Native Title Amendment Act 1998 (Cth) Pt 3 (Schedule 5) The Constitution ss 75, 76, 77(i), 81 Ward v State of Western Australia [1999] FCA 580 cited Abebe v Commonwealth of Australia (1999) 162 ALR 1 cited Re McJannet; Ex parte The Australian Workers' Union of Employees, Queensland (No 2) (1997) 189 CLR 654 cited TREVOR JOHN BROWNLEY & ORS ON BEHALF OF THE BIBILA LUNGUTJARRA (WALJEN) PEOPLE v THE STATE OF WESTERN AUSTRALIA & ORS WAG 151 OF 1998 LEE J 20 OCTOBER 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 151 OF 1998

BETWEEN: TREVOR JOHN BROWNLEY & ORS ON BEHALF OF THE BIBILA LUNGUTJARRA (WALJEN) PEOPLE

Applicants

AND: THE STATE OF WESTERN AUSTRALIA

First Respondent

ANACONDA NICKEL LTD

Second Respondent

NATIONAL NATIVE TITLE TRIBUNAL

Third Respondent

JUDGE: LEE J

DATE OF ORDER: 20 OCTOBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicants pay the costs of the first respondent. 2. The applicants pay the costs of the second respondent on the applicants' notice of motion filed 6 October 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.