FEDERAL COURT OF AUSTRALIA
SITTING AS THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 354(1) OF THE COMMONWEALTH ELECTORAL ACT 1918 (CTH).
Garbett v Liu (No 2) [2020] FCAFC 14
File numbers: VID 1018 of 2019
VID 1019 of 2019Judges: ALLSOP CJ, GREENWOOD AND BESANKO JJ Date of judgment: 20 February 2020 Catchwords: COSTS – whether petitioners’ costs should be paid by the Commonwealth or the petitioners themselves – whether first respondents’ costs should be paid by the Commonwealth or the petitioners – public benefit and public importance of petitions – whether s 360(4) of the Commonwealth Electoral Act 1918 (Cth) engaged
COURT OF DISPUTED RETURNS – whether Court should direct Chief Executive and Principal Registrar of Federal Court to act in compliance with s 363 of the Commonwealth Electoral Act 1918 (Cth)
Legislation: Commonwealth Electoral Act 1918 (Cth), ss 6, 329, 360, 362, 363 Cases cited: Evans v Crichton-Browne [1981] HCA 14; 147 CLR 169
Green v Bradbury (No 2) [2011] FCA 469
Date of hearing: Determined on the papers Date of last submissions: 7 February 2020 Registry: Victoria Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords Number of paragraphs: 31 Counsel for the Applicant: Ms L G De Ferrari SC with Mr J E Hartley Solicitor for the Applicant: Marque Lawyers Counsel for the First Respondent: Mr P H Solomon QC with Mr E Gisonda Solicitor for the First Respondent: HR Legal Counsel for the Second Respondent: Mr J Renwick SC with Mr G Ng Solicitor for the Second Respondent: Australian Government Solicitor ORDERS
IN THE FEDERAL COURT OF AUSTRALIA SITTING AS THE COURT OF DISPUTED RETURNS PURSUANT TO SECTION 354(1) OF THE COMMONWEALTH ELECTORAL ACT (CTH). VID 1018 of 2019
BETWEEN: VANESSA CLAIRE GARBETT
Applicant
AND: GLADYS LIU
First Respondent
AUSTRALIAN ELECTORAL COMMISSION
Second Respondent
JUDGES:
ALLSOP CJ, GREENWOOD AND BESANKO JJ
DATE OF ORDER:
20 FEBRUARY 2020
THE COURT ORDERS THAT:
1.Within 7 days the applicant and the first respondent jointly notify the Commonwealth Attorney-General of the reasons published today in order that the Commonwealth may, within 28 days thereafter, provide submissions as to why orders should not be made under s 360(4) of the Commonwealth Electoral Act 1918 (Cth) providing for the costs of the applicant and the first respondent as contemplated in [19] of the reasons of the Court published today.
2.Should the Commonwealth file such submissions, the applicant and the first respondent have a period of 14 days thereafter for the filing of any further submissions on costs.
3.The second respondent bear its own costs.
4.The remaining questions of costs be determined hereafter by the Court on the papers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
IN THE FEDERAL COURT OF AUSTRALIA SITTING AS THE COURT OF DISPUTED RETURNS…
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- AGLC
- Garbett v Liu (No 2) [2020] FCAFC 14
- Case
- [2020] FCAFC 14
- Decision Date
CaseChat Overview and Summary
The Court determined that the petitioners' costs should be paid by the Commonwealth, considering the public benefit and importance of their petitions. It held that the first respondents' costs should be borne by the Commonwealth due to the public importance of their petitions and the fact that they were acting as intervenors. The Court also noted that the second respondent should bear its own costs. The Court provided detailed reasons for its decision and outlined the next steps for the parties involved, including the requirement for the Commonwealth to submit its views on why orders should not be made under section 360(4) of the Commonwealth Electoral Act. The Court reserved the determination of the remaining questions of costs for later consideration on the papers.
Orders
Orders of the court
1. Within 7 days the applicant and the first respondent jointly notify the Commonwealth Attorney-General of the reasons published today in order that the Commonwealth may, within 28 days thereafter, provide submissions as to why orders should not be made under s 360(4) of the Commonwealth Electoral Act 1918 (Cth) providing for the costs of the applicant and the first respondent as contemplated in [19] of the reasons of the Court published today.
2. Should the Commonwealth file such submissions, the applicant and the first respondent have a period of 14 days thereafter for the filing of any further submissions on costs.
3. The second respondent bear its own costs.
4. The remaining questions of costs be determined hereafter by the Court on the papers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
1. Within 7 days the first respondent notify the Commonwealth Attorney-General of the reasons published today in order that the Commonwealth may, within 28 days thereafter, provide submissions as to why orders should not be made under s 360(4) of the Commonwealth Electoral Act 1918 (Cth) providing for the costs of the first respondent as contemplated in [19] of the reasons of the Court published today.
2. Should the Commonwealth file such submissions, the applicant and the first respondent have a period of 14 days thereafter for the filing of any further submissions on costs as to who should pay the first respondent’s costs.
3. The second respondent bear its own costs.
4. The remaining questions of costs be determined hereafter by the Court on the papers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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