№ files_lp_3_process_7_015546
Judicial reasons and interlocutory orders of the Federal Court of Australia addressing liability for costs in dismissed electoral petitions and the possible application of s 360(4) of the Commonwealth Electoral Act 1918 (Cth).
Year: 2020
Court: Federal Court of Australia sitting as the Court of Disputed Returns
Jurisdiction: Australia
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Case Name: Garbett v Liu (No 2)
Neutral Citation: [2020] FCAFC 14
File Numbers: VID 1018 of 2019; VID 1019 of 2019
Judges: Allsop CJ; Greenwood J; Besanko J
Date of Judgment: 20 February 2020
Date of Orders: 20 February 2020
Date of Hearing: Determined on the papers
Date of Last Submissions: 7 February 2020
Legislation Considered: Commonwealth Electoral Act 1918 (Cth), ss 6, 329, 360, 362, 363
Cases Cited: Evans v Crichton-Browne [1981] HCA 14; 147 CLR 169; Green v Bradbury (No 2) [2011] FCA 469; Hudson v Lee (No 2) [1993] HCA 58; 177 CLR 627; Nile v Wood (No 2) [1988] HCA 30; 167 CLR 133
Parties: Vanessa Claire Garbett v Gladys Liu and Australian Electoral Commission; Oliver Tennant Yates v Joshua Anthony Frydenberg and Australian Electoral Commission
Subject Matter: Costs in electoral petitions and application of s 360(4) of the Commonwealth Electoral Act 1918 (Cth)
Outcome: Directions for submissions regarding potential costs orders against the Commonwealth; second respondent to bear its own costs; remaining questions of costs reserved
Price: 8 / 10 USD
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