Fesl v Delegate of the Native Title Registrar (No 2) [2008] FCA 1479

FEDERAL COURT OF AUSTRALIA

Fesl v Delegate of the Native Title Registrar (No 2) [2008] FCA 1479

COSTS – Application under Administrative Decisions (Judicial Review) Act 1997 (Cth) for review of decision by a delegate of the Native Title Registrar to register an Indigenous Land Use Agreement - application to review decision unsuccessful – whether circumstances of the case warrant departure from ordinary rule as to costs – where reasonableness of review application and public importance of issues raised warrant departure from ordinary rule as to costs – relevance of s 85A of the Native Title Act - no order as to costs

Federal Court of Australia Act 1976 (Cth) s 43 Administrative Decisions (Judicial Review Act) 1977 (Cth) Native Title Act 1993 (Cth) ss 24C, 24CJ, 85A Aboriginal Cultural Heritage Act 2003 (Qld) Judicial Review Act 1991 (Qld) s 49

Brownley v Western Australia (No 2) (1999) 95 FCR 172 considered Duncan v Chief Executive Officer, Centrelink (No 2) [2008] FCA 667 considered Fesl v Delegate of the Native Title Registrar [2008] FCA 1469 considered Milne v Attorney-General For the State of Tasmania (1956) 95 CLR 460 considered Murray v Registrar of the National Native Title Tribunal [2003] FCA 45 considered Murray v Registrar of the National Native Title Tribunal (2003) 132 FCR 402 applied Northern Territory v Doepel (No 2) [2004] FCA 46 considered O'Mara v Minister for Lands (2008) 167 FCR 145 considered Ruddock v Vadarlis (No2) (2001) 115 FCR 229 considered The Lardil Peoples v State of Queensland (2001) 108 FCR 453 considered The Lardil Peoples v State of Queensland [2001] FCA 464 considered EVE MUMEWA FESL, NURDON SERICO and TEX CHAPMAN v LINDA BLUE, DELEGATE OF THE NATIVE TITLE REGISTRAR and QUEENSLAND WATER INFRASTRUCTURE PTY LTD

QUD157 of 2008

LOGAN J

2 OCTOBER 2008