Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hurst and Devlin v Education Queensland (No 2) [2005] FCA 793
PRACTICE AND PROCEDURE – costs – whether costs follow the event – purpose of costs order – factors relevant to the exercise of Court's discretion in making costs order.
Federal Court of Australia Act 1976 (Cth)
Latoudis v Casey (1990) 170 CLR 534 applied Oshlack v Richmond River Council (1998) 193 CLR 72 applied Ritter v Godfrey (1920) 2 KB 47 applied Forster v Farquhar (1893) 1 QB 564 cited Re The Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1996) 186 CLR 622 applied TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH) v EDUCATION QUEENSLAND Q 200 of 2002 BENJAMIN DEVLIN (BY HIS NEXT FRIEND, KIM DEVLIN) v EDUCATION QUEENSLAND Q 201 of 2002 LANDER J 16 JUNE 2005 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 200 OF 2002
BETWEEN: TIAHNA HURST (BY HER NEXT FRIEND, GAIL SMITH)
APPLICANT
AND: EDUCATION QUEENSLAND
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 16 JUNE 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Tiahna Hurst's next friend, Gail Smith, pay the respondent's costs of the proceedings up to and including today on a party and party basis. 2. Extend the time within which the parties have to appeal from my order made on 15 April 2005 for a period of 21 days from today. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 201 OF 2002
BETWEEN: BENJAMIN DEVLIN (BY HIS NEXT FRIEND, KIM DEVLIN)
APPLICANT
AND: EDUCATION QUEENSLAND
RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 16 JUNE 2005
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The respondent pay the applicant's costs of the proceedings up to and including today on a party and party basis. 2. Extend the time within which the parties have to appeal against the declaration and the orders made by me on 15 April 2005 for a period of 21 days from today.
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