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No changes planned for two way costs rule despite pleas from groups

Thursday, November 24, 2016 @ 7:00 PM | By Cristin Schmitz

Despite pleas from environmental groups, the Federal Court and Federal Court of Appeal won’t replace the usual loser pay costs rule by a new rule that would presumptively insulate unsuccessful public interest litigants from having to pay the legal costs of respondent governments and third parties.

The Lawyers Weekly has learned that new Federal Court cost rules expected next year, following study and consultation with the profession last year by the courts’ rules committee, won’t incorporate the suggestion by several public interest litigants that the court...