Faruqi v Hanson (Costs) [2024] FCA 1389

Faruqi v Hanson (Costs) [2024] FCA 1389

Relief in the form of declaratory and injunctive orders was the most important substantive relief sought and granted, and the matter was appropriately brought in the Federal Court given its importance and nature as a test case; therefore, the respondent's application to vary the costs order was dismissed.

Parties
Applicant: Mehreen Faruqi; Respondent: Pauline Hanson
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Application for Variation of Costs Order / Post Judgment (costs)
Outcome
Application dismissed with costs
Legal Topics
Costs in Federal Court, Application of Federal Court Rules R 40.08, Test Case Criteria, Declaratory Relief, Mandatory Injunction, Constitutional Challenge
Administrative and Constitutional Law Human Rights Racial Discrimination Costs in Federal Court Application of Federal Court Rules R 40.08 Test Case Criteria Declaratory Relief Mandatory Injunction +1 more

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Parties

Mehreen Faruqi

Applicant

Pauline Hanson

Respondent

Procedural Posture

Application for Variation of Costs Order / Post Judgment (costs)

Legal Issues

  1. 1 Whether costs should be reduced under r 40.08 of Federal Court Rules 2011 (Cth)
  2. 2 Whether the proceeding could more suitably have been brought in another court
  3. 3 Whether the nature of relief sought engages r 40.08(a)

Ratio Decidendi

Relief in the form of declaratory and injunctive orders was the most important substantive relief sought and granted, and the matter was appropriately brought in the Federal Court given its importance and nature as a test case; therefore, the respondent's application to vary the costs order was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The respondent's application to vary the costs order made on 1 November 2024 be dismissed with costs.