FEDERAL COURT OF AUSTRALIA

Hood v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (No 2) [2010] FCA 640

THE COURT ORDERS THAT:

1.                  Each party bear his or her own costs of the proceeding herein.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

REASONS FOR JUDGMENT

1                     On 4 June 2010, I delivered the substantive judgment in these proceedings:  Hood v Secretary, Department of Education Employment and Workplace Relations [2010] FCA 555 (see now, by corrigendum issued 21 June 2010, Hood v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 555).  The proceeding, as appears from that judgment, was an appeal brought under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal.  I found (see the substantive judgment at [11]ff) that, of the questions contended to arise from the Tribunal’s decision, none was a s 44 question properly so-called, and, to the extent that I could discern a question of law underlying any of the pleaded questions, none could not be answered favourably to the appellant.  In the result, as I indicated at [31] of the substantive reasons, Mr Hood was not entitled to the relief he sought, and I accordingly dismissed his appeal.

2                     I also indicated, given the nature of the case, that I would hear Counsel as to costs.  Each of Ms Sheehan of Counsel, for the appellant, and Ms Weymouth, for the Minister, indicated when the substantive judgment was delivered that they wished to be heard on the question.  My Associate therefore arranged, by correspondence, a timetable for the filing and exchange of written submissions on costs.  On 18 June 2010, the day on which the Minister’s submissions were due, the Minister’s solicitors wrote to him, so far as is relevant, to indicate that;

… the respondent does not seek an order for its costs in this matter.

3                     In that case, I consider it appropriate to exercise the discretion conferred on me by s 43 of the Federal Court of Australia Act 1976 (Cth) to order that each party bear his or her own costs of the proceeding herein. 

Associate:

Dated:         22 June 2010