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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