The five considerations identified as relevant to the discretion to grant costs certificates under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) apply to Federal appeals involving unsuccessful respondents.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
4 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.