Haswell v Commonwealth of Australia (No 2) [2023] FCA 34

Haswell v Commonwealth of Australia (No 2) [2023] FCA 34

The Court determined that, having regard to all the material before it, an additional amount of $3 million of security ought to be provided for the Commonwealth's costs, being approximately half of the further security sought, as the estimates provided by the Commonwealth were considered excessive in certain aspects. The timing and form of security were accepted as uncontroversial.

Parties
First Applicant: Reannan Laura Haswell; Second Applicant: Beaux Daniel Tilley; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Representative Proceeding / Interlocutory Application for Further Security for Costs
Outcome
Order made for further security for costs in the amount of $3 million.
Legal Topics
Representative Proceedings, Security for Costs, Case Management
Administrative and Constitutional Law Human Rights Representative Proceedings Security for Costs Case Management

Case Brief

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Parties

Reannan Laura Haswell

First Applicant

Beaux Daniel Tilley

Second Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Representative Proceeding / Interlocutory Application for Further Security for Costs

Legal Issues

  1. 1 Should the applicants in the Haswell Proceeding provide an additional amount of security for the Commonwealth's costs until the conclusion of the initial trial?
  2. 2 Is the amount sought by the Commonwealth for security for costs reasonable in light of the estimated legal costs?

Ratio Decidendi

The Court determined that, having regard to all the material before it, an additional amount of $3 million of security ought to be provided for the Commonwealth's costs, being approximately half of the further security sought, as the estimates provided by the Commonwealth were considered excessive in certain aspects. The timing and form of security were accepted as uncontroversial.

Court Disposition

Order made for further security for costs in the amount of $3 million.

Orders

  • The applicants provide $3 million additional security for the Commonwealth's costs: $500,000 prior to the second mediation, and $2.5 million a fortnight before the commencement of the initial trial.
  • The parties provide short minutes of order reflecting these reasons within seven days.