Determinations of the Federal Court Part 4 General Division 1A Section 85A 85A Costs (1) Unless the Federal Court orders otherwise, each party to a proceeding must bear his or her own costs. Unreasonable conduct (2) Without limiting the Court’s power to make orders under subsection (1), if the Federal Court is satisfied that a party to a proceeding has, by any unreasonable act or omission, caused another party to incur costs in connection with the institution or conduct of the proceeding, the Court may order the first-mentioned party to pay some or all of those costs. 86 Evidence and findings in other proceedings (1) Subject to subsection 82(1), the Federal Court may: (a) receive into evidence the transcript of evidence in any other proceedings before: (i) the Court; or (ii) another court; or (iii) the NNTT; or (iv) a recognised State/Territory body; or (v) any other person or body; and draw any conclusions of fact from that transcript that it thinks proper; and (b) receive into evidence the transcript of evidence in any proceedings before the assessor and draw any conclusions of fact from that transcript that it thinks proper; and (c) adopt any recommendation, finding, decision or judgment of any court, person or body of a kind mentioned in any of subparagraphs (a)(i) to (v). (2) Subject to subsection 82(1), the Federal Court: (a) must consider whether to receive into evidence the transcript of evidence from a native title application inquiry; and Compilation No. 47 Native Title Act 1993 253 Compilation date: 25/09/2021 Registered: 22/10/2021 Authorised Version C2021C00450 registered 22/10/2021

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