Federal Court examines ambit of model litigant principles in Queensland

The ambit of the model litigant principles that apply to Commonwealth, state, local governments and other government entities was tested in the context of a recent Queensland native title claim proceeding, Malone on behalf of the Western Kangalou People v State of Queensland [2020] FCA 1188.

The standard of conduct required by the Commonwealth government under the model litigant principles has been previously considered by the Federal Court. In Brandon v Commonwealth,the Court had observed that "while the Commonwealth is no doubt a behemoth of sorts, it is not obliged to fight with one hand behind its back in proceedings. It has the same rights as any other litigant notwithstanding it assumes for itself, quite properly, the role of a model litigant"¹.