Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 139

FEDERAL COURT OF AUSTRALIA

Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 139 Citation: Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 139

Parties: DJINIYINI GONDARRA v MINISTER FOR FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS, SWISS ALUMINIUM AUSTRALIA LIMITED (ACN 008 589 099), GOVE ALUMINIUM LIMITED (ACN 000 640 353), NORTHERN LAND COUNCIL, ARNHEM LAND ABORIGINAL LAND TRUST, GALARRWUY YUNUPINGU, DJALU GURRUWIWI and BAKAMUMU MARIKA

File number: VID 864 of 2011

Judge: KENNY J

Date of judgment: 26 February 2014

Catchwords: COSTS – Unsuccessful party sought order that it not pay the costs of the successful respondents – nature of public interest litigation discussed – impact of pro-bono representation – consideration of whether joined party unnecessarily duplicated defensive submissions – costs awarded in full to successful parties.

Legislation: Federal Court of Australia Act 1976 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

Cases cited: Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Oshlack v Richmond River Council (1998) 193 CLR 72 Seven Network Ltd v News Ltd (2009) 182 FCR 160 State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) (2011) 280 ALR 91 Wilderness Society Inc v Hon Malcolm Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19 Microsoft Corporation v Marks (No 2) (1996) 69 FCR 144 Lansen v Minister for the Environment and Heritage (No 3) 2008 FCA 1367