I have previously reported on Mr Balinda’s complaint of racial discrimination when he was required to complete English language proficiency testing despite completing his education in English – see No appeal from allegation of racial discrimination by AHPRA and the Paramedicine Board (October 1, 2025).  In the final step of this process (subject an potential appeal) the Federal Circuit and Family Court of Australia has ordered Mr Balinda to pay AHPRA’s costs of $35,721.46: see Balinda v Australian Health Practitioner Regulation Agency (No 2) [2025] FedCFamC2G 1743.

In making the ‘usual’ order as to costs (that is ‘The usual course is that costs follow the event, meaning that a successful party is generally entitled to an award of costs in their favour’ ([27])), His Honour, Young J, said (at [29]-[30]):

In Balinda No 1, I found none of Mr Balinda’s claims were reasonably arguable. Language and English language proficiency are not attributes protected by the RDA, Mr Balinda has never applied to be registered as a paramedic in Australia, there was no evidence that Mr Balinda did not and could not meet the ELS Standard and Mr Balinda refused to sit the ELS Standard test despite the respondents offering to pay the costs of him doing so. Further, the reasons of the AHRC for terminating Mr Balinda’s complaint were comprehensive and thorough and made it clear to him that his claim was not reasonably arguable.

That the respondents are better able to bear costs than Mr Balinda does not provide a sufficient basis for the usual course that costs follow the event to be departed from.

Lesson learned

Fighting over ‘the principle’ is all well and noble, but can be very expensive.

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.