Federal Court of Australia
Federal Court of Australia
FJS18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 433 Appeal from: FJS18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FedCFamC2G 1007
File number(s): NSD 1147 of 2022
Judgment of: BURLEY J
Date of judgment: 30 April 2024
Catchwords: COSTS – appeal from orders awarding costs fixed by reference to the scale in Division 1 of Part 2 of Schedule 2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) – whether "good reason" required to depart from scale amount – where primary judge relied on incomplete version of costs affidavit – principles applicable to discretion to award costs – discretion re-exercised.
Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 214, 214(2), 214(3) Federal Circuit Court of Australia Act 1999 (Cth) s 79 Migration Act 1958 (Cth) ss 5(1), 476 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) rr 1.04, 1.06(1), 1.06(4)(a), 1.07, 20.02(2)(b), 22.02(2)(c), 22.02, 22.02(1), 22.02(2)(a), 22.02(2)(b), 22.02(2)(c), 22.03, 22.08, 22.09, 22.10, 29.10, 29.11, 29.12, 29.13, 29.13(1), 29.13(3), Part 22, Division 22.3, Part 29, Division 29.4, Schedule 2 Federal Court Rules 2011 (Cth) Part 40, Division 40.2, Schedule 1, Schedule 3
Cases cited: AHE18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2023] FedCFamC2G 257 Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403 CIQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2020] FCCA 3467 Colgate Palmolive v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 FJS18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 875 FJS18 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FedCFamC2G 1007 Frank Jasper Pty Ltd v Glew [No 3] [2012] WASC 24 Gehlert v Minister for Immigration, Citizenship & Multicultural Affairs [2023] FedCFamC2G 563 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kirwin v The Pilbara Infrastructure Pty Ltd [2012] WASC 99 Oshlack v Richmond River Council (1998) 193 CLR 72 SZUVZ v Minister for Immigration and Border Protection [2015] FCCA 2346
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate