Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anderson on behalf of the Wulli Wulli People v State of Queensland (No 2) [2012] FCA 339 Citation: Anderson on behalf of the Wulli Wulli People v State of Queensland (No 2) [2012] FCA 339
Parties: ELLIOT ANDERSON AND OTHERS ON BEHALF OF THE WULLI WULLI PEOPLE v STATE OF QUEENSLAND AND OTHERS
File number: QUD 6006 of 2000
Judge: COLLIER J
Date of judgment: 3 April 2012
Catchwords: NATIVE TITLE – Costs – application by successful respondents to notice of motion for payment of costs by representative body – representative body acted as legal representative for unsuccessful applicants to notice of motion – no claim against unsuccessful applicants – claim under s 85A Native Title Act 1993 (Cth) – discretion to order costs under s 43 Federal Court of Australia Act 1976 (Cth) – costs incurred in answering affidavits upon which unsuccessful applicants did not rely – representative body not formally a party to proceedings – whether representative body a "real" moving party in litigation – whether s 85A relevant – whether conduct of applicants to notice of motion unreasonable – whether conduct of representative body unreasonable – whether conduct of representative body in dereliction of duty – evolving nature of litigation
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N, 43, 43(3)(d), 43(3)(f) Native Title Act 1993 (Cth) Pt 11, ss 84(3)(b), 85A, 85A(2), 203AD
Cases cited: Anderson v Queensland (2011) 197 FCR 404 cited Birri-Gubba (Cape Upstart) People v State of Queensland [2008] FCA 659 cited De Sousa v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 544 cited Ex Christmas Islanders Association Inc v Attorney-General (Cth) (No 2) (2007) 233 ALR 97 cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 cited Levick v Commissioner of Taxation (2000) 102 FCR 155 cited Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 cited QGC Pty Limited v Bygrave [2012] FCA 309 cited Simms v Minister for Land and Water Conservation (2002) 193 ALR 257 cited White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 cited Woodland v Manly Municipal Council [2003] NSWSC 524 cited
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