Cameron v Secretary, Department of Human Services (No 2)

[2015] FCA 1201

FEDERAL COURT OF AUSTRALIA

Cameron v Secretary, Department of Human Services (No 2) [2015] FCA 1201

Citation:	Cameron v Secretary, Department of Human Services (No 2) [2015] FCA 1201
Appeal from:	Cameron v Secretary, Department of Human Services [2015] AATA 62
Parties:	DONALD CAMERON v SECRETARY, DEPARTMENT OF HUMAN SERVICES
File number(s):	NSD 163 of 2015
Judge(s):	YATES J
Date of judgment:	6 November 2015
Catchwords:	PRACTICE AND PROCEDURE – application for lump sum costs – application granted
Legislation:	Federal Court Rules 2011 r 40.02
Cases cited:	Cameron v Secretary, Department of Human Services [2015] FCA 875 Nine Films & Television Pty Limited v Ninox Television Limited [2006] FCA 1046
Date of hearing:	6 November 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	10
Counsel for the Applicant:	The applicant did not appear
Solicitor for the Respondent:	Dr S Thompson of Sparke Helmore Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 163 of 2015

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	DONALD CAMERON Applicant
AND:	SECRETARY, DEPARTMENT OF HUMAN SERVICES Respondent

JUDGE:	YATES J
DATE OF ORDER:	6 NOVEMBER 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Pursuant to r 40.02(b) of the Federal Court Rules 2011 (the Rules), costs be awarded in a lump sum in the amount of $6500.00 instead of any taxed costs, for work up to 19 August 2015.

2.The applicant pay the respondent’s costs of applying for lump sum costs.

3.Pursuant to r 40.02(b) of the Rules, costs be awarded in a lump sum in the amount of $1955.00 instead of any taxed costs, for work since 19 August 2015.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 163 of 2015

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	DONALD CAMERON Applicant
AND:	SECRETARY, DEPARTMENT OF HUMAN SERVICES Respondent

JUDGE:	YATES J
DATE:	6 NOVEMBER 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM TRANSCRIPT)

1. On 19 August 2015, I dismissed the applicant’s appeal from a decision of the Administrative Appeals Tribunal:  Cameron v Secretary, Department of Human Services [2015] FCA 875. I ordered the applicant to pay the respondent’s costs.

2. Rule 40.02(2)(b) of the Federal Court Rules 2011 provides that a party or a person who is entitled to costs may apply to the Court for an order that costs be awarded in a lump sum instead of, or in addition to, any taxed costs.  On 8 October 2015, the respondent filed an interlocutory application seeking orders that:

   (a)Costs be awarded in the lump sum of $6,500.00 instead of taxed costs for work up to 19 August 2015;

   (b)The applicant pay the respondent’s costs of applying for lump sum costs; and

   (c)Costs be awarded in a lump sum of $1,500.00 instead of taxed costs for work since 19 August 2015.

3. I have been informed this morning by Dr Thompson,…