Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams (No 2) [2018] FCA 2058 Review of: Balanggarra #3 Indigenous Land Use Agreement (Area Agreement) Certified Application Registration Decision (National Native Title Tribunal, NNTT application number WI2017/003, 16 March 2018)
File numbers: WAD 178 of 2018 WAD 179 of 2018
Judge: BARKER J
Date of judgment: 18 December 2018
Catchwords: COSTS – where two judicial review applications made regarding decision of delegate of Native Title Registrar and s 251A of the Native Title Act 1993 (Cth) (NTA) dismissed – Court's discretionary power to award costs under s 43 of the Federal Court of Australia Act 1976 (Cth) – whether costs should follow the event – whether Court should have regard to "spirit" of s 85A of the NTA – whether "public interest" of litigation should mean Court declines to order costs against unsuccessful party – where applications involved significant questions of authorisation and decision-making – no order as to costs in each proceeding
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) s 85A and s 251A
Cases cited: Burragubba v Queensland (2015) 236 FCR 160; [2015] FCA 1163 Corunna v South West Aboriginal Land and Sea Council and Another (No 2) (2015) 235 FCR 53; [2015] FCA 630 Fesl and Others v Delegate of the Native Title Registrar (No 2) (2008) 173 FCR 176; [2008] FCA 1479 Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams [2018] FCA 1955 Northern Territory of Australia v Doepel (No 2) [2004] FCA 46 O'Mara and Another v Minister for Lands and Others (2008) 167 FCR 145; [2008] FCA 51 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Stock and Others v Native Title Registrar and Others (No 2) (2014) 140 ALD 203; [2014] FCA 202 The Lardil Peoples and Others v State of Queensland and Others (2001) 108 FCR 453; [2001] FCA 414 The Ngalakan People v Northern Territory of Australia [2003] FCA 23
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