BUG15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 860

BUG15 v Minister for Immigration and Border Protection (No 2) [2018] FCA 860

Although the appellant's mother was not informed of the cost consequences of acting as litigation guardian, the Court was not prepared to conclude that the Federal Circuit Court costs order was erroneous or to set it aside. However, because she had not been informed of her position before the review application and appeal, the Court was not prepared to make a costs order on the appeal and vacated Order 2 of the orders made on 11 May 2018.

Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Migration Appeal / Post Dismissal Costs Order Concerning Litigation Representative
Outcome
Order 2 of the orders made on 11 May 2018 was vacated.
Legal Topics
['litigation Representative' 'litigation Guardian' 'personal Liability for Costs' 'costs Orders']
['migration' 'administrative Law' 'civil Procedure'] ['litigation Representative' 'litigation Guardian' 'personal Liability for Costs' 'costs Orders']

Case Brief

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Procedural Posture

Migration Appeal / Post Dismissal Costs Order Concerning Litigation Representative

Legal Issues

  1. 1 ["Whether an order for costs should be made against, or maintained against, the appellant child's mother as litigation representative where she was not informed of her personal liability for costs." 'Whether the Federal Circuit Court costs order should be set aside if the mother had not been informed of her personal liability as to costs.' 'Whether a costs order should be made on the appeal.']

Ratio Decidendi

Although the appellant's mother was not informed of the cost consequences of acting as litigation guardian, the Court was not prepared to conclude that the Federal Circuit Court costs order was erroneous or to set it aside. However, because she had not been informed of her position before the review application and appeal, the Court was not prepared to make a costs order on the appeal and vacated Order 2 of the orders made on 11 May 2018.

Court Disposition

Order 2 of the orders made on 11 May 2018 was vacated.

Orders

  • ['Order 2 of the orders made on 11 May 2018 be vacated.']