Little on behalf of the Djaku:nde People v State of Queensland [2015] FCA 287

FEDERAL COURT OF AUSTRALIA

Little on behalf of the Djaku:nde People v State of Queensland [2015] FCA 287 Citation: Little on behalf of the Djaku:nde People v State of Queensland [2015] FCA 287

Parties: BRUCE LITTLE & ORS ON BEHALF OF THE DJAKU:NDE PEOPLE v STATE OF QUEENSLAND & ORS

File number: QUD 662 of 2014

Judge: LOGAN J

Date of judgment: 31 March 2015

Catchwords: NATIVE TITLE – discretion of Court to award costs under s 85A of the Native Title Act 1993 (Cth) (Native Title Act) – where respondents filed applications for summary dismissal of the native title application before claim had passed registration test – where Native Title Registrar subsequently rejected the claim for registration on the Registrar of Native Title Claims because it did not satisfy various requirements under the Native Title Act – applicant requested application be dismissed before applications for dismissal could be heard – applications by respondents for costs against applicant's solicitor personally and the applicant in the alternative on an indemnity basis – whether applicant or applicant's solicitor acted unreasonably in institution or conduct of proceedings such as to warrant an award of costs Held: costs prematurely incurred by respondents in filing application for dismissal before Native Title Registrar made adverse registration test decision – registration test offers benefit of preventing unnecessary litigation by giving applicant cause to reconsider claim – applicant brought proceedings to an end as soon as reasonably possible – solicitor's conduct reasonable – no departure from expectation under s 85A of the Native Title Act that each party bear its own costs PRACTICE AND PROCEDURE – COSTS – discretion of Court under s 85A(2) of the Native Title Act to depart from the position in s 85A(1) of that Act that each party to a native title proceeding bear its own costs – general power to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth) – requirements for award of indemnity costs and costs against a non-party