FEDERAL COURT OF AUSTRALIA
Bedi v Edwards [2024] FCA 966
File number(s): ACD 50 of 2022 Judgment of: PERRY J Date of judgment: 30 August 2024 Catchwords: COSTS – application for costs by non-party – power to award such costs – existence of exceptional circumstances to justify award of costs to interested person – costs awarded in part Legislation: Australian Human Rights Commission Act 1986 (Cth)
Federal Court of Australia Act 1976 (Cth) s 43
Federal Court Rules of 2011 (Cth) r 2.32(3)
Legal Profession Act 2006 (ACT) s 419
Cases cited: Fletcher and Barnet in the matter of Octaviar Ltd [2012] FCA 344
Kelly v Willmott Forests Ltd (in liquidation) (No 6) [2019] FCA 745
Division: General Division Registry: Australian Capital Territory National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 46 Date of hearing: 12 August 2024 Counsel for the Applicant: The Applicant did not appear. Counsel for the Respondent: Mr T Brennan SC and Mr S McIntosh Solicitor for the Respondent: Aulich Counsel for the Interested Person: Mr D Moujalli and Mr N Olson Solicitor for the Interested Person: Thomson Geer ORDERS
ACD 50 of 2022 BETWEEN: RAHUL BEDI
Applicant
AND: CRAIG EDMUND EDWARDS
First Respondent
DEBORAH ROLFE
Second Respondent
JAMES PHILIP WILKINSON TRELOAR (and others named in the Schedule)
Third Respondent
THE COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY
Interested Person
ORDER MADE BY:
PERRY J
DATE OF ORDER:
30 AUGUST 2024
THE COURT ORDERS THAT:
1.Pursuant to s 37AI of the Federal Court of Australia Act 1976 (Cth) (FCA Act), an interim non-publication order is made limiting disclosure of the reasons for judgment given on 30 August 2024 to the parties, the interested person, the legal representatives of the parties and the interested person, and Court staff until 5pm on 3 September 2024.
2.By midday on Tuesday 3 September 2024, the parties and the interested person are to advise as to whether there are any passages in the reasons for judgment given on 30 August 2024 which they propose be redacted pursuant to s 37AH of the FCA Act and explaining the reasons why by reference to the grounds in s 37AG prior to publication of the reasons.
3.By 4pm on Monday 2 September 2024, the Interested Person is to file and serve the following documents:
(a)the affidavit of Katie Elizabeth Miriam Binstock made on 7 March 2024;
(b)the Interested Person’s submissions in support of the costs application dated 13 March 2024 (costs submissions); and
(c)the Interested Person’s submissions dated 13 November 2023 which are referred to in the costs submissions.
4.Pursuant to s 37AI of the FCA Act, an interim non-publication order is made limiting disclosure of the documents referred to in order 3 above to the parties, the interested person, the legal representatives of the parties and the interested person, and Court staff.
5.Pursuant…
Continue reading Bedi v Edwards
Sign in free to access the full text
- AGLC
- Bedi v Edwards [2024] FCA 966
- Case
- [2024] FCA 966
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether exceptional circumstances existed to warrant awarding costs to the Law Society. The primary legal issue was whether the Law Society had demonstrated that exceptional reasons justified an award of costs against the respondents up to and including the interlocutory hearing on 13 June 2023, and whether it was appropriate to extend this order to cover the entire application for costs.
In its reasoning, the court found that exceptional circumstances did exist to justify an award of costs to the Law Society up to and including the interlocutory hearing on 13 June 2023. However, the court did not find that extending this award to cover the entire application for costs was in the interests of justice. Consequently, the court ordered that the respondents pay the costs of the Law Society up to and including the interlocutory hearing, but ruled against awarding further costs beyond that point. The court also made interim non-publication orders for certain documents related to the case, to be heard urgently by the Duty Judge.
The final orders included the awarding of costs to the Law Society up to and including the interlocutory hearing, while no further costs were awarded. Additionally, interim non-publication orders were made for specific documents, with a requirement for the parties to propose any redactions by a specified date. The applications for non-publication orders were to be listed urgently before the Duty Judge.
Orders
Orders of the court
1. Pursuant to s 37AI of the Federal Court of Australia Act 1976 (Cth) (FCA Act), an interim non-publication order is made limiting disclosure of the reasons for judgment given on 30 August 2024 to the parties, the interested person, the legal representatives of the parties and the interested person, and Court staff until 5pm on 3 September 2024.
2. By midday on Tuesday 3 September 2024, the parties and the interested person are to advise as to whether there are any passages in the reasons for judgment given on 30 August 2024 which they propose be redacted pursuant to s 37AH of the FCA Act and explaining the reasons why by reference to the grounds in s 37AG prior to publication of the reasons.
3. By 4pm on Monday 2 September 2024, the Interested Person is to file and serve the following documents:
(a) the affidavit of Katie Elizabeth Miriam Binstock made on 7 March 2024;
(b) the Interested Person’s submissions in support of the costs application dated 13 March 2024 (costs submissions); and
(c) the Interested Person’s submissions dated 13 November 2023 which are referred to in the costs submissions.
4. Pursuant to s 37AI of the FCA Act, an interim non-publication order is made limiting disclosure of the documents referred to in order 3 above to the parties, the interested person, the legal representatives of the parties and the interested person, and Court staff.
5. Pursuant to s 37AI of the FCA Act, an interim non-publication order is made limiting the disclosure of the following documents to the parties, the interested person, the legal representatives of the parties and the interested person, and Court staff:
(a) the affidavit of Ian Alexander Meagher, sworn 27 March 2024, including its annexure IAM1;
(b) the respondents’ tender bundle dated 12 July 2024; and
(c) the respondents’ submissions, filed 27 March 2024.
6. The interlocutory application for non-publication orders under s 37H of the FCA Act is to be listed urgently in accordance with s 37AI(2) of the FCA Act on a date to be fixed before the Duty Judge.
7. The respondents are to pay the costs of the interested person up to and including the hearing on 13 June 2023.
8. There otherwise be no order as to the costs of the interested person and the respondents including on the application by the interested person for its costs.
THE COURT NOTES THAT:
9. The parties and the interested person are to liaise with a view to reaching agreement on a timetable for the filing of any amended interlocutory application for non-publication orders under s 37H of the FCA Act and for the filing and service of evidence and submissions with respect to the interlocutory application for non-publication orders.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.