Palmer v State of Western Australia (No 3)

The matter of Palmer v State of Western Australia (No 3) was before the Federal Court, where the Commonwealth of Australia sought to intervene in proceedings between Palmer and the State of Western Australia. The Commonwealth filed a notice of intervention, seeking to make factual findings that would support a declaration of invalidity of certain Directions issued by the State of Western Australia. Queensland intervened in the proceedings and subsequently sought to withdraw its intervention. The issue before the Court was whether Queensland required leave to withdraw its intervention and whether the respondents would be prejudiced by the withdrawal.

The Court considered whether the Commonwealth, as an intervener, needed leave to withdraw its intervention. The Court found that there was no provision in the Federal Court Rules requiring an intervener to seek leave to withdraw. The respondents argued that the Commonwealth was a "party claiming relief" within r 26.12(1) of the Federal Court Rules, and therefore required leave to withdraw. The Court rejected this argument, holding that the Commonwealth was not a "party claiming relief" within the meaning of the Rules. The Court also considered whether the respondents would be prejudiced by the withdrawal of Queensland's intervention. The Court held that the respondents' prejudice could be resolved by excluding the evidence adduced by the Commonwealth, as the Commonwealth had abandoned reliance on the evidence. The Court refused the respondents' application for a rehearing of the evidence.

The Court ordered that the Attorney-General of the Commonwealth of Australia pay the parties' costs of and incidental to the hearing of 7 August 2020. The applicants were required to notify the Court and the respondents as to whether they would apply for any order for costs against the respondents in respect of the hearing of 7 August 2020 by 4.30 pm on 26 August 2020. If the applicants applied for a costs order against the respondents, they were to file and serve written submissions (not exceeding five pages) and any supporting affidavits by 4.30 pm on 28 August 2020. The respondents were to file and serve any written submissions (not exceeding five pages) and affidavits in response by 4.30 pm on 1 September 2020. The applicants were to file and serve any written submissions (not exceeding two pages) and affidavits in reply by 4.30 pm on 3 September 2020. Any application for costs against the respondents would be decided on the papers.