McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia (No 2) [2021] FCA 262

Federal Court of Australia

McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia (No 2) [2021] FCA 262 File number: SAD 26 of 2020

Judgment of: CHARLESWORTH J

Date of judgment: 24 March 2021

Catchwords: NATIVE TITLE – costs – application for costs under s 85A(1) of the Native Title Act 1993 (Cth) – whether the applicant should pay the first respondent's costs of a successful summary dismissal application – whether it is necessary to categorise the applicant's conduct in opposing the application as unreasonable before a costs order may be made

Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) ss 13, 85A Federal Court Rules 2011 (Cth) r 26.01

Cases cited: Booth on behalf of the Kungardutyi Punthamara People v State of Queensland (No 2) [2017] FCA 844 Cheedy v Western Australia (No 2) (2011) 199 FCR 23 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9; 325 ALR 213 Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia (No 2) [2016] FCA 724 De Rose v South Australia (No 2) [2005] FCAFC 137 McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia [2020] FCA 1875 State of Western Australia v Banjima People [2016] FCAFC 46 Ward v Western Australia (No 2) (1999) 93 FCR 305