Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams (No 2) [2018] FCA 2058

Kimberley Land Council Aboriginal Corporation (ICN 21) v Williams (No 2) [2018] FCA 2058

Having regard to the close connection of the proceedings to the administration of the Native Title Act, the public importance and complexity of the issues, and the spirit of s 85A of the Native Title Act, it is appropriate for there to be no order as to costs in each proceeding.

Parties
First Applicants: Kimberley Land Council Aboriginal Corporation (ICN 21) and others; Second Applicants: State of Western Australia and another; Respondents: Shirley Williams and others
Jurisdiction
Australia
Judgment Date
18 December 2018
Procedural Posture
Judicial Review Applications Regarding Registration of Indigenous Land Use Agreement / Costs Determination Following Dismissal of Substantive Applications
Outcome
No order as to costs
Legal Topics
Costs in Native Title Proceedings, Judicial Review, Discretionary Costs in Public Interest Litigation, Construction of S 251 a Native Title Act, Application of S 85 a Native Title Act
Native Title Administrative Law Costs in Native Title Proceedings Judicial Review Discretionary Costs in Public Interest Litigation Construction of S 251 a Native Title Act Application of S 85 a Native Title Act

Case Brief

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Parties

Kimberley Land Council Aboriginal Corporation (ICN 21) and others

First Applicants

State of Western Australia and another

Second Applicants

Shirley Williams and others

Respondents

Procedural Posture

Judicial Review Applications Regarding Registration of Indigenous Land Use Agreement / Costs Determination Following Dismissal of Substantive Applications

Legal Issues

  1. 1 Whether the court should make a costs order following the dismissal of judicial review applications regarding an ILUA registration decision
  2. 2 Whether the 'spirit' of s 85A of the Native Title Act 1993 (Cth) is relevant to the exercise of the costs discretion in such proceedings
  3. 3 Whether public interest or novel questions justify departure from ordinary costs rule

Ratio Decidendi

Having regard to the close connection of the proceedings to the administration of the Native Title Act, the public importance and complexity of the issues, and the spirit of s 85A of the Native Title Act, it is appropriate for there to be no order as to costs in each proceeding.

Court Disposition

No order as to costs

Orders

  • There be no order for costs in each proceeding.