Comcare v Labathas Con & Anor [1995] FCA 996

Comcare v Labathas Con & Anor [1995] FCA 996

The Deputy President erred in law by treating Federal Court Rules O62 r19, as picked up by the Practice Direction, as sufficient without identifying the proceedings for which the claimed costs were incurred. Under Safety Rehabilitation and Compensation Act 1988, s67(8), only costs of the Part VI Tribunal proceedings are recoverable; costs incurred for the original determination or reviewable decision are costs of other proceedings and are not recoverable merely because they were useful in the Tribunal. However, there is no absolute temporal bar on costs incurred before a reviewable decision if, in distinctive circumstances, they were incurred for a projected Part VI Tribunal proceeding.

Jurisdiction
Australia
Judgment Date
30 November 1995
Procedural Posture
Appeal Under Administrative Appeals Tribunal Act 1975, S44 and Application for Order of Review Under Administrative Decisions (judicial Review) Act 1977 / Federal Court Determination of Challenge to Administrative Appeals Tribunal Costs Decision
Outcome
The s44 appeal in ACT G35 of 1994 was dismissed. In ACT G36 of 1994, the Tribunal decision was set aside and the costs question was remitted for consideration according to law.
Legal Topics
['administrative Appeals Tribunal Appeals' 'judicial Review' 'tribunal Power to Award Costs' 'costs of Proceedings' 'preliminary Costs' 'safety Rehabilitation and Compensation Act 1988, S67(8)']
['administrative Law' 'costs'] ['administrative Appeals Tribunal Appeals' 'judicial Review' 'tribunal Power to Award Costs' 'costs of Proceedings' 'preliminary Costs' 'safety Rehabilitation and Compensation Act 1988, S67(8)']

Case Brief

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Procedural Posture

Appeal Under Administrative Appeals Tribunal Act 1975, S44 and Application for Order of Review Under Administrative Decisions (judicial Review) Act 1977 / Federal Court Determination of Challenge to Administrative Appeals Tribunal Costs Decision

Legal Issues

  1. 1 ["Whether the appeal under Administrative Appeals Tribunal Act 1975, s44 against the Tribunal's costs assessment was competent." 'Whether costs incurred before the making of a reviewable decision were capable, as a matter of law, of falling within an award of costs under Safety Rehabilitation and Compensation Act 1988, s67(8).' "Whether the Administrative Appeals Tribunal Practice Direction on Costs could enlarge the Tribunal's statutory costs power." 'Whether claimed costs had to be identified as costs of the Part VI Tribunal proceedings rather than costs of the original determination or reviewable decision.']

Ratio Decidendi

The Deputy President erred in law by treating Federal Court Rules O62 r19, as picked up by the Practice Direction, as sufficient without identifying the proceedings for which the claimed costs were incurred. Under Safety Rehabilitation and Compensation Act 1988, s67(8), only costs of the Part VI Tribunal proceedings are recoverable; costs incurred for the original determination or reviewable decision are costs of other proceedings and are not recoverable merely because they were useful in the Tribunal. However, there is no absolute temporal bar on costs incurred before a reviewable decision if, in distinctive circumstances, they were incurred for a projected Part VI Tribunal proceeding.

Court Disposition

The s44 appeal in ACT G35 of 1994 was dismissed. In ACT G36 of 1994, the Tribunal decision was set aside and the costs question was remitted for consideration according to law.

Orders

  • ['The application, numbered ACT G35 of 1994, is dismissed.' 'The decision of the first respondent in application number ACT G36 of 1994 be set aside.' 'The question of the amount of costs required to be paid by the applicant to the second respondent be referred to the first respondent for consideration according to...