Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 Citation: Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635
Parties: FAR WEST COAST NATIVE TITLE CLAIM v STATE OF SOUTH AUSTRALIA
File number: SAD 6008 of 1998
Judge: MANSFIELD J
Date of judgment: 18 June 2014
Catchwords: COSTS – whether native title representative bodies have standing to seek costs – indemnity costs for re-litigation of issues already determined in the absence of new evidence – application for indemnity costs against legal practitioner – costs provisions under s 85A of the Native Title Act 1993 (Cth) – Court's wide discretion to award costs
Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) Legal Services Commission Act 1977 (SA) Legal Aid Act 1978 (Vic) Legal Aid Commission Act 1979 (NSW) Legal Aid Queensland Commission Act (Qld) Legal Aid Commission Act 1990 (Tas) Legal Aid Act 1977 (ACT) Legal Aid Act (NT)
Cases cited: Far West Coast Native Title Claim Group v State of South Australia (2012) 204 FCR 542 cited Far West Coast Native Title Claim Group v State of South Australia (No 3) [2012] FCA 1435 cited Far West Coast Native Title Claim Group v State of South Australia (No 4) [2012] FCA 1468 cited Far West Coast Native Title Claim v State of South Australia [2013] FCA 717 cited Far West Coast Native Title Claim Group v State of South Australia (No 6) [2013] FCA 1270 cited Watson v State of Western Australia (No 3) [2014] FCA 127 cited Cheedy v Western Australia (No 2) (2011) 199 FCR 23 applied A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 3) [2013] FCA 1134 cited Tullock v State of Western Australia [2010] FCA 351 cited Inglis v Moore (No 2) (1979) 46 FLR 470 cited The Begarin (1916) 12 Tas LR 26 cited Lord Advocate v Stewart (1899) 36 Sc LR 945 cited Ditton v Gallagher (1992) 110 ACTR 12 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited Birri-Gubba (Cape Upstart) People v Queensland [2008] FCA 659 cited Hamod v New South Wales (2002) 188 ALR 659 cited AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 applied Anderson on behalf of the Wulli Wulli People v State of Queensland (No 2) [2012] FCA 339 cited White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 cited Lemoto v Able Technical Pty Ltd and Ors (2005) 63 NSWLR 300 cited
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