Recent Cases

Aou21 v Minister for Home Affairs (No 2) [2021] FCAFC 212 (23 November 2021) (Griffiths, Mortimer and Perry JJ)


PRACTICE AND PROCEDURE – costs – two proceedings heard together – costs not resolved at mediation – where appeal from Federal Circuit Court and original jurisdiction proceeding seeking declaratory and other relief raised substantively the same underlying issues – where original jurisdiction proceeding substantially successful – where applicant obtained declaratory relief that the preconditions in s 198AH(1A) of the Migration Act 1958 (Cth) were met – appropriate case to apportion costs in original jurisdiction proceeding – where appeal dismissed – no order as to costs in appeal proceeding