Australian Super Pty Ltd v Woodward (No 2) [2009] FCAFC 180

Australian Super Pty Ltd v Woodward (No 2) [2009] FCAFC 180

It is not appropriate to authorise payment under the Federal Proceedings (Costs) Act 1981 (Cth) to a self-represented litigant for their own costs in relation to the appeal. However, it is appropriate to authorise payment for any costs incurred by an appellant in relation to the appeal, but not in respect of the cross-appeal, that have been or are required to be paid by the respondent pursuant to a court order, and which are not covered by a costs certificate under s 7.

Jurisdiction
Australia
Judgment Date
22 December 2009
Procedural Posture
Appeal / Costs Application After Appeal
Outcome
Costs certificate to issue in limited terms; not granted for self-represented costs, but granted to cover certain costs respondent is obliged to pay to appellants under order of the court.
Legal Topics
['costs Certificate' 'self Represented Litigant' 'federal Proceedings (costs) Act 1981']
['costs' 'civil Procedure'] ['costs Certificate' 'self Represented Litigant' 'federal Proceedings (costs) Act 1981']

Case Brief

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Procedural Posture

Appeal / Costs Application After Appeal

Legal Issues

  1. 1 ['Whether a costs certificate should issue to a self-represented litigant under the Federal Proceedings (Costs) Act 1981 (Cth) in relation to an appeal' 'Whether costs incurred by a self-represented litigant in relation to an appeal should be authorised for payment' 'Whether it is appropriate to authorise payment for costs incurred by an appellant in relation to the appeal that have been, or are required to be, paid by the respondent']

Ratio Decidendi

It is not appropriate to authorise payment under the Federal Proceedings (Costs) Act 1981 (Cth) to a self-represented litigant for their own costs in relation to the appeal. However, it is appropriate to authorise payment for any costs incurred by an appellant in relation to the appeal, but not in respect of the cross-appeal, that have been or are required to be paid by the respondent pursuant to a court order, and which are not covered by a costs certificate under s 7.

Court Disposition

Costs certificate to issue in limited terms; not granted for self-represented costs, but granted to cover certain costs respondent is obliged to pay to appellants under order of the court.

Orders

  • ['The District Registrar is to prepare a certificate reciting that, though in the opinion of the Court it would not be appropriate for the Attorney-General (Cth) to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the Respondent in respect of the costs incurred by the Respondent in...