The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors (No 2) [2020] QSC 174
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Title
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The Australian Institute for Progress Ltd v The Electoral Commission of Queensland & Ors (No 2) [2020] QSC 174
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Date
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June 15, 2020
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Summary
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In these proceedings, the Australian Institute for Progress sought an order that the Electoral Commission of Queensland pay their costs despite the Institute being unsuccessful in their application for declaratory relief. The case summary for the original application can be found here. The Australian Institute for Progress argued that this case warranted departure from the general rule that costs follow the event because, amongst other reasons, ‘it was public interest litigation providing useful commentary on the Human Rights Act 2019 (Qld) and the Electoral Act 1992 (Qld)’: at [6].
Applegarth J held that cases which involve ‘the liberty of individuals and raises matters of public importance may warrant a departure, or partial departure, from the usual rule’, but the mere fact that proceedings may concern human rights is not sufficient: at [46]. His Honour found that ‘[i]f the decision provided any useful commentary on the HRA [Human Rights Act 2019 (Qld)], then that was not of the AIP’s [Australian Institute for Progress] making. It expressly did not rely upon the HRA’: at [44]. Whilst the proceeding may have provided some general clarification of the provisions of the Electoral Act 1992 (Qld), this was not a sufficient reason to depart from the ordinary rule that costs follow the event and the Applicant was ordered to pay the Respondent’s costs on a standard basis: at [46]-[49].
