Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health (No 2) [2022] FCA 706

FEDERAL COURT OF AUSTRALIA

Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health (No 2) [2022] FCA 706 File number(s): NSD 52 of 2022

Judgment of: PERRY J

Date of judgment: 20 June 2022

Catchwords: COSTS – circumstances in which the Court may depart from the ordinary rule as to costs in the exercise of discretion under s 43(2) of the Federal Court of Australia Act 1976 (Cth) – applicant wholly unsuccessful in invoking the Court's jurisdiction in its application for mandamus, declaratory relief and judicial review and its application for joinder of second applicant – whether public interest considerations warrant departure from the ordinary rule as to costs – where proceeding alleged to raise novel and significant issues – where no special circumstances justifying departure from ordinary rule as to costs – where no merit in the applicant's claim of disentitling conduct by the respondent contrary to Commonwealth model litigant principles or otherwise – applicant to pay respondent's costs

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Legal Services Directions 2017 app B

Cases cited: Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health [2022] FCA 320 Booth v Bosworth [2001] FCA 1718 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229