Little v Wajarri Yamaji Aboriginal Corporation RNTBC (No 2)
[2024] FCA 841
Para 4
…expecting that costs will follow the event, so that the starting point is that each party is to bear their or its own costs: Ward v Western Australia [1999] FCA 580; (1999) 93 FCR 305 at [32], [35]; Yunupingu v Commonwealth (No 2) [2023] FCAFC 113; (2023) 298 FCR 272 at [5]. However the Court retains a wide discr…
Briggs on behalf of the Boonwurrung People v State of Victoria
[2024] FCA 288
Para 2
…her a successful or an unsuccessful party or as a deterrent to other would-be applicants: Reid at [54]. See generally Ward v Western Australia (No 2) (1999) 93 FCR 305 and De Rose v State of South Australia (No 3) [2005] FCAFC 137; Finn J referred to these principles in a compendious way in McKenzie v State of South…
Mann on behalf of the Bigambul People #2 v State of Queensland (No 2)
[2023] FCA 1598
Para 15
…Justice Lee in Ward v Western Australia (1999) 93 FCR 305 explained that s 85A(2) did not impose a limit or threshold on the exercise of discretion by the Court: 31 Section 85A of the Act does not limit the discretion of the Court to order costs in the manner set out in s 117 of the Family Act or ss 347 and 170CS of…
Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia (No 2)
[2023] FCAFC 113
Para 5
…rty or as a deterrent to other would-be applicants: Reid v South Australia [2007] FCA 1479 at [54]. See generally Ward v Western Australia (No 2) (1999) 93 FCR 305 and De Rose v South Australia (No 3) [2005] FCAFC 137. Finn J referred to these principles in a compendious way in McKenzie v South Australia [2006] FCA…
Rainbow on behalf of the Kurtjar People v State of Queensland (No 3)
[2022] FCA 824
Para 3
…Australia v Ward (2000) 99 FCR 316 at 422 [400] and asserted that Gleeson CJ, Gaudron, Gummow and Hayne JJ had agreed with that analysis on appeal in Ward v Western Australia (2002) 213 CLR 1 at 151–152 [263].…
McNamara (Barngarla Southern Eyre Peninsula Native Title Claim) v State of South Australia (No 2)
[2021] FCA 262
Para 8
…As Lee J said in Ward v Western Australia (No 2) (1999) 93 FCR 305 at [36], the statement in s 85A(2) of the NT Act “does not add to the discretion already possessed by the Court but reflects the public interests in such conduct being subjected to the penalty of an appropriate costs order”. His Honour said: 32As dra…
Alvoen on behalf of the Wakaman People #5 v State of Queensland (No 2)
[2020] FCA 960
Para 22
…and Oil Basins at [115], see also De Rose v South Australia [2005] FCAFC 137 at [8]-[10]; Ward v State of Western Australia (1999) 93 FCR 305; [1999] FCA 580 at [35] and Tullock v State of Western Australia [2010] FCA 351 at [23].…
Attwood v Gordon (on behalf of the Kariyarra Native Title Group)
[2018] FCA 1578
Para 12
…cessful party or as a deterrent to other would-be applicants: Reid v South Australia at [53], [54]. See generally Ward v Western Australia (No 2) (1999) 93 FCR 305 and De Rose v South Australia (No 3) [2005] FCAFC 137. Finn J referred to these principles in a compendious way in McKenzie v South Australia [2006] FCA…
Wanjina-Wunggurr (Native Title) Aboriginal Corporation/Western Australia/Meridan (Lennard Shelf Project) Pty Ltd and Another
[2018] NNTTA 60
…v Western Australia [2002] NNTTA 24; (2002) 169 FLR 437 ( Walley v Western Australia ) Ward v Western Australia [1996] FCA 1452 ; (1996) 69 FCR 20 ( Ward v Western Australia ) Western Australia v Thomas (1996) 133 FLR 124; [1996] NNTTA 30 ( Western Australia v Thomas ) Yindjibarndi Aboriginal Corporation v FMG Pilbara Pty Ltd and Another [2014] NNTT 8 ( Yin…
Wanjina-Wunggurr (Native Title) Aboriginal Corporation RNTBC v Investmet Limited and Others and Another
[2018] NNTTA 47
…Mineralogy v NNTT ) VB (deceased) v State of Western Australia [2012] FCA 973 ( VB (deceased) v Western Australia) Ward v State of Western Australia [1999] FCA 580 ( Ward v Western Australia ) Yindjibarndi Aboriginal Corporation RNTBC v FMG Pilbara Pty Ltd and Another [2014] NNTTA 14 ( Yindjibarndi Aboriginal Co…
Liu v Stephen Grubits and Associates (No.2)
[2018] FCCA 842
Para 5
…x v Soc Com Abel Pereira Da Fonseca SARL [1972] 1 WLR 962 ; Davy-Chiesman v Davy-Chiesman [1984] 2 WLR 291 at 299 - 302) [2] Ward v Western Australia [1999] FCA 580 (6 May 1999) per Lee J at [11]…
Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland
[2017] FCA 1560
Para 15
…ple guiding the exercise of discretion to award costs under general statutory provisions conferring such a power: Ward v Western Australia (No 2) (1999) 93 FCR 305 at [33] per Lee J; Davidson v Fesl (No 2) [2005] FCAFC 274 at [9] per French and Finn JJ. As Lee J observed in Ward 93 FCR 305 at [34], the discretion of…
Little on behalf of the Djaku:nde People v State of Queensland
[2015] FCA 287
Para 12
…7] FCA 1479 at [54]. See Cheedy v State of Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23; Ward v State of Western Australia (No 2) [1999] FCA 580; (1999) 93 FCR 305; De Rose v State of South Australia (No 3) [2005] FCAFC 137; McKenzie v State of South Australia [2006] FCA 891; and Reid v South Aust…
Mungarlu Ngurrarankatja Rirraunkaja (Aboriginal Corporation) RNTBC and Others v FMG Pilbara Pty Ltd and Another
[2015] NNTTA 4
…[1996] FCA 1452 (‘ Ward v Western Australia ’) Weld Range Metals Ltd v Western Australia (2011) 258 FLR 9; [2011] NNTTA 172 (‘ Weld Range Metals v Western Australia ’) Western Australia/Glen Griffin Venn Money/Jack Britten & Ors [2011] NNTTA 53 (‘ Western Australia v Britten ’) Western Desert Lands Aboriginal Corpo…
Far West Coast Native Title Claim v State of South Australia (No 8)
[2014] FCA 635
Para 13
…a deterrent to other would-be applicants: Reid v State of South Australia [2007] FCA 1479 at [54]. See generally, Ward v Western Australia (No 2) (1999) 93 FCR 305 and De Rose v State of South Australia (No 3) [2005] FCAFC 137. Finn J referred to these principles in a compendious way in McKenzie v State of South Aus…
Western Desert Lands Aboriginal Corporation (Jamukurnu Yapalinkunu) RNTBC v Teck Australia Pty Ltd
[2014] NNTTA 56
…208; [1996] FCA 1452 (‘ Ward v Western Australia ’) Weld Range Metals Limited/Western Australia/Ike Simpson and Others on behalf of Wajarri Yamatji [2011] NNTTA 172 (‘ Weld Range Metals v Simpson ’) Western Australia/Glen Derrick Councillor and Others on behalf of the Naagaju Peoples; Leedham Papertalk and Others on…
Watson v State of Western Australia (No 3)
[2014] FCA 127
Para 25
…a deterrent to other would-be applicants: Reid v State of South Australia [2007] FCA 1479 at [54]. See generally, Ward v Western Australia (No 2) (1999) 93 FCR 305 and De Rose v State of South Australia (No 3) [2005] FCAFC 137. Finn J referred to these principles in a compendious way in McKenzie v State of South Aus…
Tucker v State of Western Australia
[2014] FCA 23
Para 16
…atters which should inform the exercise of discretion in awarding costs in light of this section was given by Lee J in Ward v Western Australia (1999) 93 FCR 305, in comments later endorsed by the Full Court in De Rose v State of South Australia (No 2) [2005] FCAFC 137. His Honour noted first, that s 85A(1) is inten…
Levinge on behalf of the Gold Coast Native Title Group v State of Queensland
[2013] FCA 634
Para 21
…e starting point was not that costs ordinarily followed the event, and followed what Lee J had said at first instance in Ward v Western Australia (1999) 93 FCR 305 at 311-312 [31]-[37].…
Leedham Papertalk & Ors on behalf of Mullewa Wadjari/Western Australia/Douglas Eric Kennedy, Leonard Geoffrey Haworth
[2013] NNTTA 31
Para 2
…No burden of proof lies on any party to proceedings before the Tribunal inquiring into the matters referred to in s 237: see Ward v Western Australia (1996) FCR 208, at 217 (‘ Ward ’); Cheinmora v Striker Resources NL; Dann v Western Australia (1996) 142 ALR 21. Rather, the Tribunal adopts a common sense approach to the evidence.…
Bell v Unimin Australia Pty Ltd (No4)
[2013] QMC 3
Para 8
…o avoid unfairness where a defendant has succeeded in having a complaint stayed and to protect the integrity of the process. Ward v Western Australia [1999] FCA 580 per Lee J, a Federal Court decision on costs provisions in the Native Title Act 1993 (C’th), was cited in support. Also, it was submitted it would be…
Gale on behalf of the Darug Tribal Aboriginal Corporation v New South Wales Minister for Land and Water Conservation
[2011] FCA 77
Para 21
…he matters which should inform the exercise of discretion in awarding costs in light of this section was given by Lee J in Ward v Western Australia (1999) 93 FCR 305, in comments later endorsed by the Full Court in De Rose v State of South Australia (No 2) [2005] FCAFC 137. His Honour noted first, that s 85A(1) is i…
Murray on behalf of the Yilka Native Title Claimants v State of Western Australia (No 2)
[2010] FCA 926
Para 9
…r expectation that unless cause is shown for some other order to be made costs will usually follow the event’ ( Ward v Western Australia [1999] 93 FCR 305 at [33])…
Tullock v State of Western Australia
[2010] FCA 351
Para 23
…v South Australia [2005] FCAFC 137, the Full Court (at [8]-[10]) cited with approval the following observations by Lee J in Ward v Western Australia (1999) 93 FCR 305: · Section 85A(1) is intended to remove any ground for anticipation or expectation that unless cause is shown for another order, costs will follow th…
Akiba v Queensland
[2010] FCA 321
Para 5
…ple guiding the exercise of discretion to award costs under general statutory provisions conferring such a power: Ward v Western Australia (No 2) [1999] FCA 580; (1999) 93 FCR 305 at 312 [33] per Lee J; Davidson v Fesl (No 2) [2005] FCAFC 274 at [9] per French and Finn JJ. As Lee J observed in Ward at [34], the d…
Sadiqi v Commonwealth (No 2)
[2009] FCA 1117
…ltural and Indigenous Affairs (2004) 210 ALR 190 Waller v Freehills (2009) 258 ALR 67 Ward v Western Australia (1995) 40 ALD 250 Williams v Minister, Aboriginal Land Rights Act 1983 (1999) 25 Fam LR 86 X v Minister for Immigration and Multicultural Affairs (1999) 92 FCR 524 XYZ v Commonwealth (2006) 227 CLR 532 ALI REZA SADIQI (F…
Foster v Que Noy (No 2)
[2008] FCAFC 137
Para 6
…en in applying s 85A of the Act is now well accepted and need not be repeated here. It was conveniently outlined by Lee J in Ward v Western Australia (1999) 93 FCR 305 and endorsed by the Full Court in De Rose (No 3) at [8]-[10]. The starting point is that each party to a proceeding will be left to bear his or her o…
Bropho v Western Australia
[2008] FCAFC 100
Para 6
…In general terms, s 10(1) of the RD Act is engaged where there is unequal enjoyment of rights between racial or ethnic groups: see Ward v Western Australia (2002) 213 CLR 1. Section 10(1) does not require the Court to ascertain whether the cessation of rights is by reason of race, with the clear words of s 10 demonstrating that t…
Birri-Gubba (Cape Upstart) People v State of Queensland
[2008] FCA 659
Para 23
…point was not that costs ordinarily followed the event. Their Honours followed what Lee J had said at first instance in Ward v Western Australia (1999) 93 FCR 305 at 311-312 [31]-[37]. A similar approach has been taken in McKenzie v South Australia [2006] FCA 891 at [8] per Finn J and Reid v South Australia [2007]…
Reid v State of South Australia
[2007] FCA 1479
Para 2
…he matters which should inform the exercise of discretion in awarding costs in light of this section was given by Lee J in Ward v Western Australia (1999) 93 FCR 305, in comments later endorsed by the Full Court in De Rose v State of South Australia (No 2) [2005] FCAFC 137. His Honour noted first, that s 85A(1) is i…
Van Hemmen on behalf of the Kabi Kabi People 3 v State of Queensland
[2007] FCA 1185
Para 4
…This section was considered by Lee J in Ward v Western Australia (1999) 93 FCR 305, whose comments were subsequently adopted and summarised by the Full Court of the Federal Court in De Rose v State of South Australia (No 3) [2005] FCAFC 137 at [8] in the following terms: ·section 85A(1) is intended to remove any gro…
Doolan v Native Title Registrar
[2007] FCA 192
Para 36
…– 10, the Full Court of the Federal Court (Wilcox, Sackville and Merkel JJ) approved the observations of Lee J in Ward v State of Western Australia (1999) 93 FCR 305 about s 85A. In particular, the Full Court referred to his Honour’s observations at p 312 par 34, where Lee J said: ‘The discretion of the Court to awa…
McKenzie v State of South Australia
[2006] FCA 891
Para 8
…the matters which should inform the exercise of discretion in awarding costs in light of this section was given by Lee J in Ward v Western Australia (1999) 93 FCR 305, in comments later endorsed by the Full Court in De Rose v State of South Australia (No 2) [2005] FCAFC 137. His Honour noted first, that s 85A(1) is…
Jagera People #2 v State of Queensland
[2006] FCA 708
Para 6
…The effect of s 85A was discussed by Lee J in Ward v Western Australia (1999) 93 FCR 305. Lee J’s observations were picked up by the Full Court of the Federal Court in De Rose v State of South Australia (No 2) [2005] FCAFC 137. The Court consisted of Wilcox, Sackville and Merkel JJ. Their Honours at par 8 said: ‘In…
Peter Hillig as Administrator of Worimi Local Aboriginal Land Council v Minister for Lands for the State of New South Wales, State Minister under the Native Title Act 1993 (Cth)
[2006] FCA 61
Para 4
…The starting point, as Lee J observed in Ward v Western Australia (No 2) (1999) 93 FCR 305 at 312, is that each party bears its own costs, not that costs ordinarily follow the event. One basis upon which the Court may order a party to bear costs is that the party has engaged in unreasonable conduct as set out in s 8…
Davidson v Fesl (No 2)
[2005] FCAFC 274
Para 9
…expectation that unless cause is shown for some other order to be made costs will usually follow the event.’ Ward v Western Australia (No 2) (1999) 93 FCR 305 at 312 [33] (Lee J) The starting point, as Lee J observed, is that each party would bear its own costs. One basis upon which the Court may order a party to b…
De Rose v State of South Australia (No 2)
[2005] FCAFC 137
Para 8
…In Ward v Western Australia (1999) 93 FCR 305, Lee J made the following points about s 85A: · Section 85A(1) is intended to remove any ground for anticipation or expectation that unless cause is shown for another order, costs will follow the event (at [33]). · Nonetheless, s 85A acknowledges that the Court has an ov…
Sampi v Western Australia
[2005] FCA 777
Para 2
…ent of the High Court in the Mirriuwung Gajerrong native title determination application. The High Court delivered that judgment on 8 August 2002 – Ward v Western Australia (2002) 213 CLR 1. On 28 August 2002, Beaumont J made orders, which were amended on 9 December 2002, requiring the filing of submissions on the question of ext…
Sallehpour v Frontier Software Pty Ltd
[2005] FCA 663
Para 9
…In Ward v Western Australia (1999) 93 FCR 305 in considering an application under s 85A of the Native Title Act, Lee J observed, at 311, that s 170CS: “… permits an order for costs to be made against any party to the proceeding whose unreasonable conduct in the proceeding has caused another party to incur costs.”…
Lawson v Minister Assisting the Minister for Natural Resources (Lands)
[2004] FCAFC 308
…e (New South Wales) Act 1994 (NSW) s 20 River Murray Waters Act 1915 (NSW) ss 14, 16, 18 Public Works Act 1912 (NSW) ss 18, 34, 42, 43, 44, 45 Ward v Western Australia (2002) 213 CLR 1 applied DOROTHY LAWSON and Ors on behalf of MEMBERS OF THE BARKANDJI (PAAKANTYI PEOPLE) v MINISTER ASSISTING THE MINISTER FOR NATURAL RESOURCES (L…
Gubbi Gubbi v State of Queensland
[2003] FCA 1077
Para 4
…As Lee J noted in Ward v Western Australia (1999) 163 ALR 149 at par 33, the function of s 85A is to remove any ground for anticipation or expectation that costs would follow the event, as would be the case in ordinary Federal Court litigation. Again, in ordinary Federal Court litigation the Federal Court Rules provide for the in…
Townson Holdings Pty Ltd and Joseph Frank Anania/Ron Harrington-Smith & Ors on behalf of the Wongatha People; June Ashwin & Ors on behalf of the Wutha People/Western Australia
[2003] NNTTA 82
Para 2
…ity of a native title party to produce evidence on these matters as for the most part they are peculiarly within their knowledge ( Waljen at 154-163; Ward v Western Australia (1996) 69 FLR 208 at 215-217). This approach has recently been endorsed by the Land and Resources Tribunal, Queensland ( Re Doxford [2003] QLRT 58 at [7]-[1…
Northern Territory of Australia/Gabriel Hazelbane & Ors (Wagiman, Warai, Jawoyn)/Robert Lorenz Fisher and Robert Joseph Stroud
[2003] NNTTA 55
…[24] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
Northern Territory of Australia/Jane McGregor & Ors (Kungarakan, Warai & Kamu)/ Rustler’s Roost Mining Pty Ltd
[2003] NNTTA 52
…[29] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
Northern Territory of Australia/April Bright, Pavalina Henwood & Ann Majar (Mak Mak, Maranunggu & Werat)/BHP Billiton Minerals Pty Ltd
[2003] NNTTA 48
…[23] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
Northern Territory of Australia/Robert Patrick Markham & Ors (Wagiman, Dagoman and Jawoyn)/Alistair Quest, Alistair Anderson, Anthony Wilkinson and Raymond Wooldridge
[2003] NNTTA 44
…[23] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
William Harney (on behalf of the Wardaman Group)/Northern Territory/David J. Langley
[2002] NNTTA 226
…orey explained that the reference should have been to section 148(a). In addition Mr Storey expanded on his contention that following the decision of Ward v Western Australia (2002) 191 ALR 1 the fact that the underlying tenure of a proposed tenement is Crown Lease Perpetual potentially raises the issue of whether the Tribunal ha…
Mr Tony Kenyon Luwanbi and Others on behalf of the Warai and Kungarakan People (Do01/147)/Agricola Gold Ltd/Northern Territory
[2002] NNTTA 207
…[26] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
Sandy Limmen & Ors on behalf of Alawa, Marra and Ngandji People/Astro Mining NL/Northern Territory
[2002] NNTTA 202
…[25] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…
Mr Sandy Limmen and Others on behalf of the Alawa, Marra and Nganji People/Astro Mining Nl/Northern Territory
[2002] NNTTA 196
…[26] So far as section 237(b) is concerned, the phrase “interfere with areas or sites of particular significance” is to be read giving appropriate meaning to the word “particular”. In this context, particular means special or more than ordinary significance to native title holders in accordance with…