Federal Court of Australia
Federal Court of Australia
O'Brien v Commissioner of the Australian Charities and Not-for-profits Commission [2021] FCA 632 File number: QUD 108 of 2021
Judgment of: THAWLEY J
Date of judgment: 9 June 2021
Date of publication of reasons: 10 June 2021
Catchwords: COSTS – application for the respondent to pay the applicants' costs – where proceedings dismissed by consent shortly after commencing – where the commencement of proceedings was premature – where respondent acted reasonably and was not bound to fail – no order as to costs, except that the applicants pay the respondent's costs of the applicants' application for costs
Legislation: Administrative Decisions (Judicial Review) Act 1997 (Cth) ss 3, 5, 6, Sch 1 Australian Charities and Not-for-profits Commission Act 2012 (Cth) ss 35-20, 155-5 Civil Dispute Resolution Act 2011 (Cth) ss 9, 12 Judiciary Act 1903 (Cth) s 39B
Cases cited: Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 10
Date of hearing: 9 June 2021
Counsel for the Applicants: J Horton QC with E Hoiberg
Solicitor for the Applicants: Neumann & Turnour Lawyers
Solicitor for the Respondent: K Sypott of the Australian Government Solicitor
ORDERS QUD 108 of 2021
BETWEEN: TERRENCE JOHN O'BRIEN First Applicant
WATCHTOWER BIBLE AND TRACT SOCIETY OF AUSTRALIA (ACN 002 861 225) Second Applicant
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