Soo v Department of Justice and Community Safety (Corrections Victoria) (Costs)
[2025] VSC 662
Para 1
…I further note that the Applicant did not instigate these proceedings for the public’s interest or on behalf of a community organisation,[24] nor is there evidence to the widespread public support of the Applicant’s cause. [24]Cf Ruddock v Vadarlis (No 2) (2001) 115 FCR 229, 241–242.…
Secretary, Department of Health, Disability and Ageing v Prefixx Pty Ltd (No 2)
[2025] FCA 1199
Para 20
…imited financial resources. However, as Mr Anthonisz accepts, an award of costs is “ compensatory ” only in nature: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [12] (Black CJ and French J), citing Latoudis v Casey (1990) 170 CLR 534 at 543 (Mason CJ). Nor is the assumption that the Secretary brings the proceeding…
eSafety Commissioner v Rotondo (No 4)
[2025] FCA 1191
Para 22
…is entitled to an award of costs in its favour in the absence of special circumstances that would justify some other order: Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [11] (Black CJ and French J). The general rule assumes that where an applicant succeeds, it will have incurred costs because t…
The NOCO Company v Brown and Watson International Pty Ltd (No 2)
[2025] FCA 1176
Para 9
…law ; Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 346; (1993) 26 IPR 261 at 271 – 272 and Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [11] (Black CJ and French J). (Emphasis added.) Consideration…
Moli v Minister for Immigration and Multicultural Affairs (No 2)
[2025] FCA 1112
Para 7
…determining the appropriate order for costs, I refer to the following passage from the reasons of Black CJ and French J in Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [13]: Where the case is close or difficult and involves no obvious element of fault on the part of the loser the proposition t…
Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2)
[2025] FCAFC 123
Para 10
…There is no real issue as to the applicable principles, which were summarised in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158 at [9]-[11] per Greenwood, Rares and Moshinsky JJ: 9Section 43(3)(e) of the Federal Court of Australia Act 1976 (…
Seek Justice Pty Ltd v Minister for Lands and Water (No 3)
[2025] NSWLEC 96
…k v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 at [182] and [215] (‘ Oshlack’ ); Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [14] and [19]. 9 The Court has recognized various factors that, when combined with the proceeding’s characterisation as being “brought in the public interes…
Pan v St George Design & Construction Pty Ltd (No 2)
[2025] NSWCATCD 77
Para 9
…ount in exercising the discretion, although the discretion to make such an order must be exercised judicially: see, for example, Ruddock v Vadarlis [2001] FCA 1865 at [9]. [29] Where an application has been heard and determined on the merits and Clause 38 applies, the appropriate starting point for the exercise of…
Briscoe-Hough v Minister for Local Government (No 5)
[2025] NSWLEC 94
Para 8
…hlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 at [182] and [215] (‘ Oshlack’ ); Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [14] and [19].…
Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 5)
[2025] FCA 965
Para 19
…With reference to s 43 of the FCA and Oshlack (among other cases), the Full Court in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158 at [9]-[11], Greenwood, Rares and Moshinsky JJ summarised the principles as follows: 9Section 43(3)(e) of the…
BZN19 v Minister for Immigration and Citizenship
[2025] FedCFamC2G 1216
Para 8
…54 (Atkin LK); Gladstone Park Shopping Centre Pty Ltd v Ross Willis (1984) 6 FCR 496 at 505 (Davies J); Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 at [11] (Black CJ and French J).…
Gaynor v Burns (No 2)
[2025] NSWSC 885
Para 21
…; 73 ALR 607 at 621 (Wilcox J) (“ Arnold ”); Johnston v Cameron [2002] FCAFC 301 at [19] (Branson J); Ruddock v Varlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 at [53] (Beaumont J); Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 at [31] (Allsop CJ, O’Bryan and Cheeseman JJ);…
Central Australian Frack Free Alliance Inc v Minister for Environment (Costs)
[2025] NTSC 54
…Allplastics Engineering Pty Ltd v Dornoch Ltd [2006] NSWCA 33, Australian Conservation Foundation v Forestry Commission (Tas) (1988) 81 ALR 166, Bob Brown Foundation v Commonwealth of Australia (No 2) (2021) 286 FCR 160, Booth v Bosworth [2001] FCA 1718, CSR Ltd v Eddy (2005) 226 CLR 1, Cumming v Mi…
GKX18 v Minister for Immigration and Multicultural Affairs (No 4)
[2025] FedCFamC2G 1051
Para 3
…The respondents also relied on the decision of the Full Court of the Federal Court in Ruddock v Vardalis (2001) 110 FCR 491; (2001) 66 ALD 25; (2001) 183 ALR 1; [2001] FCA 1329. In that case, the applicants were rescued at sea by MV Tampa and were not permitted to land in Australia. It was held that this did not cons…
Dalton v Attorney-General of the Commonwealth of Australia (No 2)
[2025] FCA 718
Para 3
…[25]; Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52 at [25] (Gleeson CJ, Gummow, Hayne and Crennan JJ); Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [11]–[12] (Black CJ and French J). Thus, the usual approach is that costs follow the event: see e.g. Firebird Global Master Fund II Ltd v Republic…
Houten v Lennon (Costs)
[2025] FCA 708
Para 14
…ng litigation, it is common practice for costs to follow the event, often referred to as the “usual order as to costs”: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [11]–[12] (per Black CJ and French J). Also see Oshlack v Richmond River Council (1998) 193 CLR 72 at [66] (per McHugh J).…
Rainforest Reserves Australia Inc v Minister for the Environment and Water (Costs)
[2025] FCA 702
Para 23
…sons did not articulate an approach that was to be adopted for ‘public interest litigation’ more generally”: citing Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 at [21] (Black CJ and French J; Beaumont J dissenting); and Save the Ridge Inc v Commonwealth [2006] FCAFC 51; 230 ALR 411 at [6]–[16] (Black CJ…
Williams v Companies Auditors Disciplinary Board
[2025] FCA 629
Para 6
…rt is that the successful party will receive its costs of the litigation and not merely of the hearing itself: see e.g. Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [11]-[12] and [15] (Black CJ and French J); Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 at [25] (the Court). Th…
DDQ19 v Minister for Immigration and Citizenship
[2025] FedCFamC2G 905
Para 1
…professional manner in which they attended to this matter. In doing so, the following observations of French J (as he then was) in Ruddock v Vadarlis (2001) 110 FCR 491 at [216] are brought to mind: The counsel and solicitors acting in the interests of the rescuees in this case have evidently done so pro bono. They h…
Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 4)
[2025] FCA 411
Para 28
…bed as mixed: Impiombato v BHP Group Limited (No 2) [2025] FCAFC 28 at [13] (Beach and O'Bryan JJ), citing Ruddock v Vadarlis (No 2) [2001] FCA 1329; (2001) 115 FCR 229 at [11]; Queensland North Australia Pty Ltd v Takeovers Panel (No 2) [2015] FCAFC 128; (2015) 236 FCR 370 at [11].…
Crawford v State of Western Australia (No 2)
[2025] FCAFC 48
Para 7
…Where a proceeding has a public interest character and raises a novel question of general importance and some difficulty, the court may decline to order costs against an unsuccessful party: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 ( Ruddock ) at [17] and [18] (Black CJ and French J). However, as…
McClure v Medibank Private Limited (No 2)
[2025] FCA 343
Para 16
…or failed on issues that were not reasonably pursued, or where the result of the litigation might be described as mixed: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [11]ff; Queensland North Australia Pty Ltd v Takeovers Panel (No 2) (2015) 236 FCR 370 at [11]. However, the mere fact that a court does not accept…
Aai20 v Minister for Immigration, Citizenship and Multicultural Affairs (Costs)
[2025] FCA 329
Para 4
…r some reason connected with the case. In practice, the exercise of discretion is guided by well-established principles. In Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 Black CJ and French J said (citations omitted): 11Within the general discretion of the courts to award costs it is accepted by decisions…
Badenoch Integrated Logging Pty Ltd v Bryant
[2025] FCAFC 31
Para 7
…es that were not reasonably pursued, or where the result of the litigation might be described as mixed: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 at [11] (Black CJ and French J); Queensland North Australia Pty Ltd v Takeovers Panel (No 2) (2015) 236 FCR 370; [2015] FCAFC 128 at [11] (Dowsett, M…
Impiombato v BHP Group Limited (No 2)
[2025] FCAFC 28
Para 13
…m, or failed on issues that were not reasonably pursued, or where the result of the litigation might be described as mixed: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [11]ff; Queensland North Australia Pty Ltd v Takeovers Panel (No 2) (2015) 236 FCR 370 at [11]. However, the mere fact that a court does not accep…
Kelly v Southern Pacific Builders Pty Ltd
[2025] NSWCATCD 7
Para 9
…ount in exercising the discretion, although the discretion to make such an order must be exercised judicially: see, for example, Ruddock v Vadarlis [2001] FCA 1865 at [9]. [29] Where an application has been heard and determined on the merits and Clause 38 applies, the appropriate starting point for the exercise of…
Australian Society of Otolaryngology Head and Neck Surgery Limited v Australian Health Practitioner Regulation Agency (No 2)
[2025] FCA 34
Para 14
…ractice ” of awarding successful interveners their costs: Johnston v Cameron [2002] FCAFC 301 at [19] (Branson J ); Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [53] (Beaumont J); Liverpool City Council v Weir (1984) 58 ALJR 213 at 216 (the Court). It also extends to awarding costs against an i…
Secretary, Department of Home Affairs v CRS20
[2025] FCAFC 3
Para 3
…then-recently restated by the House of Lords in Cox v Hakes (1890) 15 App Cas 506. (g)If Ruddock v Vadarlis [2001] FCA 1329; 110 FCR 491 and Commonwealth v AJL20 [2021] HCA 21; 273 CLR 43 ( AJL20 ) are said to stand against the preclusion principle, they can be distinguished or should be treated as decided pe…
Mokhtar v Piscopo (No 2)
[2025] FCA 21
Para 11
…n J referred at (b) above — that costs follow the event — is commonly described as the “ usual order as to costs ”: Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 155 FCR 229 ( Ruddock (No 2) ) at [11]–[12] (Black CJ and French J).…
FE Accommodation Pty Ltd v Gold Valley Iron Ore Pty Ltd (No 2)
[2024] NTSC 103
Para 11
…s [2010] QCA 58 at [8] per Muir JA; A, DC v Prince Alfred College Inc (No 2) (2016) 139 SASR 396 at [5]-[13] per the Court; Ruddock v Vardalis (No 2) (2001) 115 FCR 229 at [11] per Black CJ and French J; Taylor v Heading (No 2) [2021] FCA 925 at [18] per Charlesworth J; Diakou Nominees Pty Ltd v Gouger Street Pty Ltd…
Azimitabar v Commonwealth of Australia (No 2)
[2024] FCA 1383
Para 8
…for Environment and Water Resources [2007] FCA 1863; Save the Ridge Inc v Commonwealth [2006] FCAFC 51; 230 ALR 411; Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229; Animals Angels’ eV v Secretary, Department of Agriculture [2014] FCAFC 173; 228 FCR 35; Bat Advocacy NSW Inc v Minister for Environment Prote…
Abood v State of Queensland
[2024] QSC 257
Para 10
…The authorities discussed above illustrate the strength of the usual rule and the rationale that a costs order is compensatory in the sense that costs are awarded to indemnify the successful party against the expense to which he or she has been put by reason of the legal proceedings.[17] No doubt al…
Wilson v State of Victoria (Costs)
[2024] FCA 1190
Para 30
…ng conduct that may result in a successful party being denied all or part of its costs were summarised by the Full Court in Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 at [15] (Black CJ, Beaumont and French JJ) in the following terms (citations omitted): Usually the circumstances in which a successful p…
Secure Funding Pty Ltd v Torbeckin Pty Ltd (in liq) (No 2)
[2024] VSC 609
…(a) an intervener has the rights, duties and liabilities of a party to a proceeding, but an intervener’s interests are in no way the same as those of other parties to a proceeding;[5] [5]See Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878 [34] ( Motor Trade…
Morishita & Vartanian (No 2)
[2024] FedCFamC1F 618
Para 26
…sful party as a result of having been required to endure the legal proceedings. (Minister for Immigration and Multicultural Affairs v Vadarlis (No 2) (2001) 188 ALR 143 citing with approval Cretazzo v Lombardi [1975] 13 SASR 4 and Chilli v Abbott (1981) 53 FLR 108).…
Snow v Secretary, Department of Social Security (Costs)
[2024] FCA 1076
Para 12
…ncil [1998] HCA 11; 193 CLR 72 at [66]. Costs of appeal proceedings are similarly in the discretion of the appellate court: Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [16] (Black CJ and French J). The Court is required by s 37N(4) of the FCA Act to take into account any failure by a party to…
Nayer & Groth (No 5)
[2024] FedCFamC1F 611
Para 28
…party as a result of having been required to endure the legal proceedings. (Minister for Immigration and Multicultural Affairs v Vadarlis (No 2) (2001) 188 ALR 143 citing with approval Cretazzo v Lombardi [1975] 13 SASR 4 and Chilli v Abbott (1981) 53 FLR 108).…
Sandpiper Developments Pty Ltd v Main Beach Developments Qld Pty Ltd (No 2)
[2024] VSC 581
…[9](2001) 115 FCR 229, 234-235, [11] (Black CJ and French J).…
McNickle v Huntsman Chemical Company Australia Pty Ltd (Initial Trial)
[2024] FCA 807
Para 11
…st” may be a basis, at least in some circumstances, for not awarding against an unsuccessful applicant: see Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229. It asserts, however, that there is no general principle that the usual “costs rule” should not apply if the subject matter of litigation is a ma…
Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2)
[2024] FCAFC 97
Para 4
…culate an approach that was to be adopted for ‘public interest litigation’ more generally: see Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [21] (Black CJ and French J). See also: Save the Ridge Inc v Commonwealth [2006] FCAFC 51 at [6]-[16] (Black CJ, Moore and Emmett JJ).…
Abberley & Clement (No 3)
[2024] FedCFamC2F 871
Para 10
…are not a penalty or damages: Latoudis v Casey (1990) 170 CLR 534 per Mason CJ at 543 and McHugh J at 567; Ruddock and Ors v Vadarlis and Ors (2001) 188 ALR 143 per Full Court of the Federal Court at [12] and Brott and Joachim (2006) FLC 93-259 per Full Court (Holden, Warnick and Boland JJ) at 80,403-404.…
CPB Contractors Pty Ltd and Hansen Yuncken Pty Ltd v State of SA (No 2)
[2024] SASC 86
Para 4
…Special circumstances displacing the usual exercise of the costs discretion in that way may arise: where the conduct of the successful party effectively invited or misled the unsuccessful party as to the basis for instituting the proceedings;[9] or where there has been mixed success on the issues pr…
Moyland & Shearer (No 3)
[2024] FedCFamC2F 864
Para 2
…are not a penalty or damages: Latoudis v Casey (1990) 170 CLR 534 per Mason CJ at 543 and McHugh J at 567; Ruddock and Ors v Vadarlis and Ors (2001) 188 ALR 143 per Full Court of the Federal Court at [12] and Brott and Joachim (2006) FLC 93-259 per Full Court (Holden, Warnick and Boland JJ) at 80,403-404.…
Electoral Commissioner v McQuestin
[2024] FCA 685
Para 15
…or failed on issues that were not reasonably pursued, or where the result of the litigation might be described as mixed: Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 at [11]ff per Black CJ and French J; Queensland North Australia Pty Ltd v Takeovers Panel (No 2) (2015) 236 FCR 370 at [11] per Dowsett, Middleton and…
Meshram v Bing Lee Electrics Pty Ltd (Costs)
[2024] FedCFamC2G 543
Para 6
…It is well-established that in the ordinary course, and in the absence of any disentitling conduct on the part of the successful party, can result in that party being denied costs despite the outcome. In Oshlack ( supra ) at [69], McHugh J said: The traditional exceptions to the usual order as to co…
Secretary, Department of Health and Aged Care v M House Pty Ltd
[2024] FCAFC 71
Para 21
…ntrol ( Davis at [22] (Kiefel CJ, Gageler and Gleeson JJ), [65] and [95] (Gordon J)) it does not have that effect. As explained in Ruddock v Vadarlis (2001) 110 FCR 491; [2001] FCA 1329 at [183] by French J (Beaumont J agreeing; Black CJ dissenting): There is no place then for any doctrine that a law made on a partic…
Falconer v Commissioner of Police [No 2]
[2024] WASCA 47
Para 13
…h the court has done so have been rare and the exceptional nature of such an outcome has been repeatedly emphasised'. [167] Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229. [168] Blue Wedges Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 8; (2008) 165 FCR 211. [169] Roe v The Di…
Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action (No 2)
[2024] FCA 430
Para 7
…I note at the outset that the applicant has not argued that the ordinary rule that costs follow the event should not apply because of the “public interest” character of the proceeding, nor because it was brought pursuant to wide standing provisions in order to enforce compliance with or obedience to…
Hanwha Solutions Corporation v REC Solar Pte Ltd (No 2)
[2024] FCA 336
Para 14
…act or law; Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd [1993] FCA 346; (1993) 26 IPR 261 at 271 – 272 and Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 at [11] (Black CJ and French J).…
Briggs on behalf of the Boonwurrung People v State of Victoria
[2024] FCA 288
Para 32
…a general discretion under s 43 of the FCA Act to make such order as to costs as it considers appropriate: see for example Ruddock v Vardarlis (No 2) [2001] FCA 1865; 115 FCR 239 at [9]-[11] (Black CJ and French J). The general discretion to award costs is absolute and unfettered, although it must be exercised jud…