Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2020] FCA 76

FEDERAL COURT OF AUSTRALIA

Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2020] FCA 76 File number: SAD 6001 of 1998

Judge: WHITE J

Date of judgment: 7 February 2020

Catchwords: COSTS – native title proceeding – costs in respect of unsuccessful interlocutory application for leave to be heard as amicus curiae – whether interlocutory applicant should bear the costs of the three Applicant groups – whether the solicitor for the interlocutory applicant should be ordered to bear costs personally, pursuant to s 43(3)(f) of the Federal Court of Australia Act 1976 (Cth) – held that unsuccessful applicant and solicitor pay the costs of and incidental to the interlocutory application.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Native Title Act 1993 (Cth) ss 67, 85A Mining Act 1971 (SA) Pt 9B

Cases cited: Anderson on behalf of the Wulli Wulli People v Queensland (No 2) [2012] FCA 339; (2012) 202 FCR 29 Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23 Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2018] FCA 1993 Coulthard v State of South Australia (Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim) [2018] FCA 2094 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50; (2012) 200 FCR 154 Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Mijac Investments Pty Ltd v Graham [2013] FCA 296 Mitry Lawyers v Barnden [2014] FCA 918 Preston v Preston [1982] 1 All ER 41 Ryan v Primesafe [2015] FCA 8, (2015) 323 ALR 107 State of Western Australia v Banjima People [2016] FCAFC 46 White Industries (Qld) Pty Ltd v Flower & Hart (a firm) [1998] FCA 806; (1998) 156 ALR 169