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The 'Price' of Justice? Costs-Conditional Special Leave in the High Court

Pender, Kieran


This article considers the High Court of Australia's occasional practice of granting special leave to appeal on a costs-conditional basis, whereby the appellant pays the respondent's costs regardless of the outcome. Despite the dissonance between this practice and traditional costs principles, there is little academic or judicial reflection on costs-conditional special leave. While several policy considerations support this practice, it is not unproblematic. What factors guide the exercise of...[Show more]

CollectionsANU Research Publications
Date published: 2018
Type: Journal article
Source: Melbourne University Law Review
Access Rights: Open Access


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