BAK v Gallagher & Anor (No 2)

The appeal in BAK v Gallagher & Anor (No 2) involved the appellant, BAK, and two respondents, Gallagher and another party. The central issue was the setting aside of a protection order and the subsequent request for costs by the appellant. The Queensland Court of Appeal was tasked with determining the appropriate legal framework for awarding costs in this context.

The primary legal issues centred around the applicability of sections 142 and 157 of the Domestic and Family Violence Protection Act 2012 (Qld) to the costs on appeals under that Act. Additionally, the court considered whether the Uniform Civil Procedure Rules 1999 (Qld), which generally provide that costs follow the event unless the court orders otherwise, should be applied in a manner that deviates from this rule in cases deemed to be of public interest litigation.

The court found that section 142 of the Domestic and Family Violence Protection Act 2012 (Qld) did not provide a basis for awarding costs in appeals under that Act. However, section 157 was relevant to the court's discretion to order costs on appeals. The court held that in matters of public interest litigation, it may be appropriate for the court to order costs in a manner that deviates from the general rule provided by the Uniform Civil Procedure Rules 1999 (Qld). Consequently, the court ordered that the first respondent, Gallagher, pay the appellant’s costs of the appeal.