Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peebles v Honourable Tony Burke (No 2) [2010] FCA 861 Citation: Peebles v Honourable Tony Burke (No 2) [2010] FCA 861
Parties: MS ROBYN PEEBLES v THE HONOURABLE TONY BURKE MP, AUSTRALIAN LABOR PARTY (NSW BRANCH) and AUSTRALIAN ELECTORAL COMMISSION
File number: NSD 963 of 2010
Judge: MOORE J
Date of judgment: 13 August 2010
Catchwords: COSTS – federal parliamentary elections – electoral advertising – prohibited acts – conduct not prohibited under Commonwealth Electoral Act 1918 (Cth) – submission that proceedings were in public interest – characterisation of proceedings as public interest litigation, even if a genuinely held view, does not immunise party against costs order
Legislation: Commonwealth Electoral Act 1918 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: Horn v Australian Electoral Commission [2008] FCA 43 cited Hudson v Entsch [2005] FCA 557 applied Hudson v Entsch (2005) 216 ALR 188 cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 cited Peebles v Honourable Tony Burke [2010] FCA 838 cited Sue v Hill (1999) 199 CLR 462 cited
Date of hearing: 4 August 2010
Date of last submissions: 10 August 2010
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