Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bropho v City of Perth (No 2) [2016] FCA 1168 File number: WAD 261 of 2016
Judge: MCKERRACHER J
Date of judgment: 27 September 2016
Catchwords: COSTS –whether provisions of Native Title Act 1993 (Cth) particularly s 85A can be taken into account in the exercise of the discretion to award costs –whether originating application brought within the 'spirit' of the Native Title Act – whether parties claiming to have pursued litigation in the public interest should be allowed to depart from the ordinary costs rules – whether there was a novel question of general importance
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Native Title Act 1993 (Cth) ss 81, 85A
Cases cited: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84 Bropho v City of Perth [2016] FCA 1098 Cheedy v Western Australia (No 2) [2010] FCA 1154 Corunna v South West Aboriginal Land and Sea Council (No 2) (2015) 235 FCR 53 Fesl v Delegate of the Native Title Registrar (No 2) (2008) 173 FCR 176 Lardil Peoples v Queensland (2001) 108 FCR 453 Murray v Registrar, National Native Tribunal (2003) 132 FCR 402 Northern Territory v Doepel (No 2) [2004] FCA 46 Ruddock v Vadarlis (2001) 115 FCR 229
Date of hearing: Determined on the papers
Date of last submissions: 17 September 2016
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