Julian Leeser (Berowra, Liberal Party, Shadow Minister for Indigenous Australians) Share this | Hansard source

Thank you, Mr Speaker. On representative proceedings, it should be said that there are sufficient mechanisms to enable representative proceedings in the Federal Court under part IVA of the Federal Court of Australia Act. Further, loosening these rules in favour of unions who can pursue their own agendas rather than those of the complainant is not warranted. Our amendments propose to delete schedule 4 and leave the law as it stands in relation to representative actions.

In relation to costs, in schedule 5 the bill inserts a cost-neutral arrangement into the Human Rights Commission Act. This means that parties are expected to bear their own costs, with courts having power to make an alternative determination, considering the factors in the legislation, including: the financial circumstances of each party to the proceedings; the conduct of the parties, including conduct dealing with the commission; whether any parties have been wholly unsuccessful; whether any party has made an offer in writing to settle; whether the subject matter of the proceedings involves an issue of public importance; or any other matter the court considers relevant. We think discretion as to costs best sits with the court, and our amendments will remove schedule 5 of the bill and leave costs determinations at the discretion of the court, with the principle being that costs follow the event.

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