Re: Open source violation litigation (was: Grant Application from Fraser Tweedale)

On Sat, Jul 18, 2026 at 03:50:49PM +1000, Adam Nielsen via linux-aus wrote:
> > Support can come in many ways - not just financial.
> > This leads to the obvious question - why don't we start litigating
> > these kind of things as an organisation ?
> 
> In Australia the losing party would have to cover costs, so an
> organisation sitting under the Linux Australia umbrella could in theory
> be cost neutral if they chose their cases wisely.

If only it were that simple!  In the ART all parties bear their own
costs.  So unless you've got brilliant lawyers doing it pro bono,
you'll have substantial costs.  The upshot is that you cannot be hit
with an adverse costs order.  But...

If the matter goes to Federal Court for judicial review of a
Tribunal decision, then costs order risk calculus comes into play.
You need a big warchest to fight here, and an even bigger treasury
to pay costs if it doesn't go your way.  No one should presume
themselves wise enough to bet LA's fate on a successful outcome.

Also note: if you win at the Tribunal, the Agency can (and likely
will) appeal.  Then you are a party in a Federal Court proceeding
whether you want it or not.  And Agencies can also initiate ART
reviews of OAIC reviews that didn't go their way.  So even "lower
level" IC or ART reviews carry financial risks.

This is a long-winded way of saying that I don't think LA should
engage in FOI reviews as a party.

Cheers,
Fraser
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