Australian Society of Otolaryngology Head and Neck Surgery Limited v Australian Health Practitioner Regulation Agency (No 2) [2025] FCA 34

Federal Court of Australia Australian Society of Otolaryngology Head and Neck Surgery Limited v Australian Health Practitioner Regulation Agency (No 2) [2025] FCA 34 File number(s):

Judgment of: PERRY J

Date of judgment: 31 January 2025

Catchwords: COSTS – whether interveners liable for the applicants' costs in relation to the interveners' unsuccessful application for leave to adduce evidence – where intervention granted by consent – whether interveners were relevantly successful where issues on which they sought to be heard were not reached in the substantive proceeding – where lateness of the evidence prejudiced the applicants – whether intervention was necessary to protect interests of interveners

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 9.12

AOU21 v Minister for Home Affairs (No 2) [2021] FCAFC 212 Australian Society of Otolaryngology Head and Neck Surgery Ltd v Australian Health Practitioner Regulation Agency [2024] FCA 995 City of Burnside v Attorney-General of South Australia [1994] SASC 5136; (1994) 63 SASR 65 Johnston v Cameron [2002] FCAFC 301 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (in liq) [2011] FCAFC 136; (2011) 197 FCR 113 Cases cited: Liverpool City Council v Weir (1984) 58 ALJR 213 New South Wales Lotteries Corporation Pty Ltd v Kuzmanovski (No 2) [2011] FCAFC 152 O'Keeffe Nominees Pty Ltd v BP Australia Ltd (No 2) [1995] FCA 109; (1995) 55 FCR 591 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action (No 2) [2024] FCA 430 Dal Pont, GE, Law of Costs (4th Ed, LexisNexis, 2018)