A.D. (deceased) on behalf of the Mirning People v State of Western Australia

The matter before the Federal Court was an interlocutory application filed by Mr Robert Lawrie seeking a declaration to replace the solicitors for the Mirning People in a native title claim against the State of Western Australia. The Court was required to decide whether the usual rule that costs follow the event should apply in this case, given that the interlocutory application had been dismissed by consent. This required consideration of whether the application was a native title proceeding under the Native Title Act 1993 (Cth) and the relevance of the merits of the interlocutory application and the financial status of the applicant. The Court held that the application was not a proceeding under the Native Title Act and therefore the usual rule on costs should apply. The Court also rejected the argument that it should decline to exercise its discretion to award costs against the impecunious applicant, Mr Lawrie, on the basis that to do so would encourage unmeritorious applications by impecunious parties. The Court therefore awarded costs against Mr Lawrie to the Mirning People. The Court made an order that Mr Robert Lawrie is to pay the Mirning Applicant’s costs of the interlocutory application dismissed on 9 April 2013.