Kowalski v Domestic Violence Crisis Service Inc [2002] FCA 1227

Kowalski v Domestic Violence Crisis Service Inc [2002] FCA 1227

Although the principal proceedings involved a question of law, they were not a "Federal appeal" as defined in s 3 of the Federal Proceedings (Costs) Act 1981 (Cth), because the Act made no provision for appeals to the Federal Court from decisions of the Human Rights and Equal Opportunity Commission. The Court therefore had no power to grant a costs certificate to the Domestic Violence Crisis Service Inc.

Jurisdiction
Australia
Judgment Date
02 October 2002
Procedural Posture
Application for a Costs Certificate Under S 6 of the Federal Proceedings (costs) Act 1981 (cth) / In Chambers After Principal Proceedings
Outcome
Application dismissed; costs certificate refused.
Legal Topics
['costs Certificate' 'federal Appeal' 'human Rights and Equal Opportunity Commission Decision' 'federal Proceedings (costs) Act 1981 (cth)']
['costs' 'federal Proceedings'] ['costs Certificate' 'federal Appeal' 'human Rights and Equal Opportunity Commission Decision' 'federal Proceedings (costs) Act 1981 (cth)']

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Procedural Posture

Application for a Costs Certificate Under S 6 of the Federal Proceedings (costs) Act 1981 (cth) / In Chambers After Principal Proceedings

Legal Issues

  1. 1 ['Whether the Domestic Violence Crisis Service Inc was eligible for a costs certificate under s 6 of the Federal Proceedings (Costs) Act 1981 (Cth).' 'Whether the principal proceedings were a "Federal appeal" within the meaning of s 3 of the Federal Proceedings (Costs) Act 1981 (Cth).' 'Whether s 14 of the Federal Proceedings (Costs) Act 1981 (Cth) excluded the Domestic Violence Crisis Service Inc from receiving a costs certificate.']

Ratio Decidendi

Although the principal proceedings involved a question of law, they were not a "Federal appeal" as defined in s 3 of the Federal Proceedings (Costs) Act 1981 (Cth), because the Act made no provision for appeals to the Federal Court from decisions of the Human Rights and Equal Opportunity Commission. The Court therefore had no power to grant a costs certificate to the Domestic Violence Crisis Service Inc.

Court Disposition

Application dismissed; costs certificate refused.

Orders

  • ['The application for a costs order under the Federal Proceedings (Costs) Act 1981 (Cth) be dismissed.']