YING & LANG

In the matter of YING & LANG, Thornton J of the Federal Court of Australia considered an application and a response that had been significantly amended. The core of the dispute, as reflected in the court's orders, concerned a certificate granted under section 128 of the *Evidence Act 1995* (Cth) and the matter of costs.

The primary legal issue before the Court was the extent to which the applicant's claims, as articulated in their Further, Further Amended Initiating Application, and the respondent's counterarguments, as set out in their Further Amended Response, were to be upheld or dismissed. Specifically, the Court was required to determine the validity and scope of the section 128 certificate and to make orders regarding the costs of the proceedings.

Thornton J dismissed the majority of the applicant's claims, preserving only those relating to the section 128 certificate and costs. Concurrently, the Court dismissed specific paragraphs of the respondent's response, indicating a partial success for both parties on different aspects of their pleadings. The Court's decision on the substantive claims, other than the section 128 certificate, suggests that those claims were not substantiated to the Court's satisfaction.

The final orders reflect a mixed outcome, with the applicant's application largely dismissed but their claim concerning the section 128 certificate and costs preserved. The respondent also saw parts of their response dismissed. The formal entry of these orders in the Court's records was noted as being subject to the precise form of the orders.