Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia (No 2) [2017] FCA 1468 Appeal from: Peterson on behalf of the Wunna Nyiyaparli v State of Western Australia [2016] FCA 1528
File number: WAD 17 of 2017
Judge: MCKERRACHER J
Date of judgment: 6 December 2017
Catchwords: COSTS – discretion of Court to award costs in native title proceedings under s 85A Native Title Act 1993 (Cth) – factors relevant to Court's discretion to award costs – whether costs should be fixed or assessed
Legislation: Federal Court of Australia Act 1976 (Cth) ss s24(1AA)(b)(i), 43 Native Title Act 1993 (Cth) ss 85A, 85A(1), 85A(2) Federal Court Rules 2001 (Cth) r 40.02(b)
Cases cited: Cheedy v Western Australia (No 2) (2011) 199 FCR 23 Dattilo v Commonwealth of Australia [2017] FCA 1061 Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 Oil Basins Limited v Watson [2014] FCAFC 154 Peterson and Others v State of Western Australia [2017] FCA 1056 Stock v Native Title Registrar (No 2) [2014] FCA 202
Date of hearing: Determined on the papers
Date of last submissions: 29 September 2017
Registry: Western Australia
Division: General Division
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