Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health (No 2)

In Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health (No 2), the Australian Vaccination-Risks Network (AVN) sought various remedies including mandamus, declaratory relief and judicial review against the Secretary of the Department of Health. The dispute centred on the registration and maintenance of therapeutic goods, specifically vaccines, supplied to Australians. The Federal Court was required to decide whether public interest considerations warranted a departure from the ordinary rule of costs in favour of AVN, given its wholly unsuccessful application. The Court also considered whether there was any merit in AVN’s claim of disentitling conduct by the respondent.

The Court found that AVN had not established any special circumstances warranting a departure from the ordinary rule of costs. The Court acknowledged that the proceeding raised novel and significant issues and was of high public importance. However, it found that there was no evidence that the Secretary’s conduct departed from the requirements of the Model Litigant Guidelines. The Court concluded that AVN’s claim of disentitling conduct was without merit and that the Secretary was entitled to put these matters in dispute. Therefore, having been wholly unsuccessful, AVN was ordered to pay the Secretary’s costs, including the costs of the interlocutory application to join Mr Neugebauer and of the dispute as to costs. The Court also noted that Mr Neugebauer was not liable to pay any of the respondent’s costs.