Recent Cases

Yunupingu on behalf of the Gumatj Clan or Estate Group v Commonwealth of Australia (No 2) [2023] FCAFC 113 (20 July 2023) (Mortimer CJ; Moshinsky and Banks-Smith JJ)


NATIVE TITLE – costs – where the Full Court determined separate questions in favour of the applicant and certain respondents (the Rirratjingu parties) – where the applicant and the Rirratjingu parties sought an order that the first respondent (the Commonwealth) pay their costs of and in relation to the hearing of the separate questions – where all parties accepted that s 85A of the Native Title Act 1993 (Cth) applied, such that the starting point was that each party must bear their own costs – whether sufficient reason to depart from that starting point – held: each party to bear their own costs