Bloom as Executor of the Estate of Farr v Paradise Lake Pty Ltd (No.4)

Bloom as Executor of the Estate of Farr (the plaintiff) brought proceedings against Paradise Lake Pty Ltd (the defendant). The dispute before the court concerned the proper construction of a previous costs order. Specifically, the parties disagreed on whether the costs covered by that order were to be assessed under Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth) or taxed pursuant to Part 40 of the *Federal Court Rules 2011* (Cth). The matter was heard by Judge Manousaridis in the Federal Court of Australia.

The central legal issue before the court was to determine the correct procedural pathway for assessing the costs awarded in a prior order. This involved interpreting the language of that order and identifying which set of rules governed the assessment process. The court was required to decide whether the assessment should proceed under the Federal Circuit Court Rules or the Federal Court Rules.

Judge Manousaridis reasoned that the previous costs order, made in the context of proceedings that had been transferred from the Federal Circuit Court to the Federal Court, was intended to incorporate the assessment procedures of the Federal Circuit Court Rules. The court considered the specific wording of the order and the circumstances of the transfer of proceedings. The judge concluded that the order's reference to "costs of the proceedings" implicitly included the method of assessment prescribed by the rules of the court from which the proceedings originated, unless otherwise specified. Therefore, the costs were to be assessed in accordance with Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth).