Federal Court of Australia
Federal Court of Australia
FZF18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FCA 1242 Appeal from: FZF18 v Minister for Immigration [2020] FCCA 830 CHQ18 v Minister for Immigration & Anor [2019] FCCA 3564
File number(s): WAD 66 of 2020 NSD 5 of 2020
Judgment of: RARES J
Date of judgment: 18 October 2023
Catchwords: COSTS – application for costs certificate under Federal Proceedings (Costs) Act 1981 (Cth) s 10(2) – whether original docket judge "unable to continue with, or give judgment in, the proceedings" – where appeal re-allocated due to original docket judge's inability to continue with or give judgment after judgment reserved and before resignation took effect – where second hearing held before replacement judge – whether discretion to grant costs certificate should be exercised - held: costs certificate granted.
Legislation: Acts Interpretation Act 1901 (Cth) s 33 Evidence Act 1995 (Cth) s 16 Federal Court of Australia Act 1976 (Cth) ss 15, 20 and 43 Federal Proceedings (Costs) Act 1981 (Cth) ss 6(2) and 10(2) Federal Court Rules 2011 Sch 3, items 15.2 and 15.3
Cases cited: Bullock v The Federated Furnishing Trades Society of Australasia (No 2) (1985) 5 FCR 476 CHQ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1078 Ex Parte Patience; Makinson v The Minister (1940) 40 SR (NSW) 96 FZF18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1032 Hrycenko v Hrycenko (by his legal representative Hycenko) (No 2) [2022] FCAFC 192 Insight SRC IP Holdings Pty Ltd v Australian Council for Educational Research Ltd (No 2) [2013] FCAFC 73 QGC Pty Ltd v Alberts (No 4) [2022] FCA 1590 Residual Assco Group Ltd v Spalvins (2000) 202 CLR 629 Roam Australia Pty Ltd v Telstra Corporation (trading as Telecom Australia) [1997] FCA 980 Smart Education Program Pty Ltd (in liq) v CLGC Australia Pty Ltd [2023] FCA 826 Wu v Li (No 2) [2017] FCA 501
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