Returned & Services League of Australia (Queensland Branch) Sarina Sub Branch Inc v Returned & Services League of Australia (Queensland Branch) (No 2) [2012] FCA 1138

FEDERAL COURT OF AUSTRALIA

Returned & Services League of Australia (Queensland Branch) Sarina Sub Branch Inc v Returned & Services League of Australia (Queensland Branch) (No 2) [2012] FCA 1138 Citation: Returned & Services League of Australia (Queensland Branch) Sarina Sub Branch Inc v Returned & Services League of Australia (Queensland Branch) (No 2) [2012] FCA 1138

Parties: RETURNED & SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) SARINA SUB BRANCH INC v RETURNED & SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) and HARVEY WINSTON FEWINGS TRADING AS CRANKY LIZARD CONSULTANTS

File number: QUD 401 of 2012

Judge: COLLIER J

Date of judgment: 19 October 2012

Catchwords: COSTS – interlocutory application filed by respondents seeking strike-out, further and better particulars and discontinuance of originating application as representative proceeding – consent orders made – respondents seeking costs of interlocutory application – respondents submit applicant conceded claims in interlocutory application – whether costs follow the event – applicant submits respondents should bear some costs or parties bear own costs – whether respondents required to file genuine steps statement in relation to interlocutory application as being civil proceeding under Civil Dispute Resolution Act 2011 (Cth) – whether separate genuine steps statement required for interlocutory application – discretion of Court to order costs under s 43 Federal Court of Australia Act 1976 (Cth)

Legislation: Civil Dispute Resolution Act 2011 (Cth) Pt 2, 4, ss 3, 4, 6,7, 11, 12 Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 4, 37N, 37M, 43 Federal Court Rules 2011 rr 5.03(1), 8.02(1)