Federal Court of Australia
Federal Court of Australia
Faruqi v Hanson (Costs) [2024] FCA 1389 File number: NSD 372 of 2023
Judgment of: STEWART J
Date of judgment: 4 December 2024
Catchwords: COSTS – application for costs to be reduced by determination on a reduced scale – whether r 40.08 of the Federal Court Rules 2011 (Cth) applies – where the matter was in the nature of a test case for, and is important to, both parties – where a constitutional challenge was brought against the operative statutory provision – proceeding appropriately brought in this Court – application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth), s 46PO(4) Racial Discrimination Act 1975 (Cth), s 18C Federal Court Rules 1979 (Cth) (repealed), O 62 r 36A Federal Court Rules 2011 (Cth), r 40.08
Cases cited: Australasian Performing Right Association Ltd v Pashalidis [2000] FCA 1815 Faruqi v Hanson [2024] FCA 1264 Jones v Scully [2002] FCA 1080; 120 FCR 243 Loyola v Cryeng Pty Ltd (No 2) [2012] FCAFC 98 Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98 Toben v Jones [2003] FCAFC 137; 129 FCR 515 Umoona Tjutagku Health Service Aboriginal Corporation v Walsh [2019] FCAFC 32; 268 FCR 401
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
Date of hearing: Determined on the papers
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