Axx18 v Minister for Home Affairs and Anor (No.2)

In *Axx18 v Minister for Home Affairs and Anor (No.2)*, heard in the Federal Circuit Court of Australia, the applicant sought costs against the respondent, while the respondent sought costs against the applicant and the applicant's solicitor. The dispute arose from the solicitor's failure to appear at a scheduled hearing and their non-compliance with court orders to file submissions. Furthermore, the solicitor had not filed a notice of ceasing to act, despite their apparent withdrawal from the matter.

The court was required to determine whether costs should be awarded against the applicant, and crucially, whether costs should be awarded against the applicant's solicitor personally under rule 21.07 of the *Federal Circuit Court Rules 2001*. This rule permits the court to order a legal practitioner to pay the costs of any proceedings or any part thereof.

Judge Humphreys reasoned that the solicitor's non-appearance and failure to file submissions constituted a significant disruption to the court's proceedings and a breach of their professional obligations. The court found that these actions warranted the imposition of costs against the solicitor personally. Additionally, the court considered the applicant's own conduct and determined that costs should also be awarded against the applicant. The court ordered that the applicant pay the respondent's costs, and further ordered that the applicant's solicitor pay the respondent's costs in relation to the wasted hearing.