Alvoen on behalf of the Wakaman People #5 v State Minister for the State of Queensland (No 5) [2023] FCA 1593

Federal Court of Australia

Alvoen on behalf of the Wakaman People #5 v State Minister for the State of Queensland (No 5) [2023] FCA 1593 File number: QUD 178 of 2018

Judgment of: COLLIER ACJ

Date of judgment: 15 December 2023

Catchwords: NATIVE TITLE – Costs – application by applicant for costs against a respondent pursuant to s 85A(2) of the Native Title Act 1993 (Cth) – where the conduct was found to be abuse of process - whether native title representative bodies have standing to seek costs – Courts discretion to award costs

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Native Title Act 1996 (Cth) ss 43, 84(8), 85A, 87A, 203AD, 203B Legal Profession Act 2007 (Qld) ss 3, 22, 24(1), 24(2)(e) 43, 44, 113, 117, 145 Legal Profession Regulation 2017 (Qld) reg 7

Cases cited: A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 3) [2013] FCA 1134 Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 4) [2023] FCA 837 Booth on behalf of the Kungardutyi Punthamara People v State of Queensland (No 2) [2017] FCA 844 Cheedy on behalf of Yindjibarndi People v State of Western Australia (No 2) [2011] FCAFC 163, 199 FCR 23 Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia [2022] FCA 221 State of Western Australia v Banjima People [2016] FCAFC 46 Tullock v State of Western Australia [2010] FCA 351 Watson v State of Western Australia (No 3) [2014] FCA 127