Federal Court of Australia
Federal Court of Australia
Mann on behalf of the Bigambul People #2 v State of Queensland (No 2) [2023] FCA 1598 File number(s): QUD 281 of 2022
Judgment of: COLLIER ACJ
Date of judgment: 15 December 2023
Catchwords: NATIVE TITLE – COSTS – s 85A of the Native Title Act 1993 (Cth) - where party's conduct found to be an abuse of process - whether Native Title Representative Bodies have standing to seek costs – "unreasonable act or omission" - Court's discretion to award costs in Native Title proceedings – Costs awarded in part
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) ss 84C, 84D, 85A Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 Mann on behalf of the Bigambul People #2 v State of Queensland [2023] FCA 450 Oshlack v Richmond River Council (1998) 193 CLR 72 Papertalk on behalf of the Mullewa Wadjari People v State of Western Australia [2022] FCA 221 Saunders on behalf of the Bigambul People v State of Queensland (No 3) [2021] FCA 444 State of Western Australia v Banjima People [2016] FCAFC 46 Ward v Western Australia (1999) 93 FCR 305
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