CIQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2)

In *CIQ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2)*, the Federal Circuit Court of Australia considered an application by the first respondent to vary previous orders concerning costs. The applicant had been successful in a proceeding under the *Migration Act 1958* (Cth).

The central legal issue before the Court was whether the costs of the successful applicant should be assessed in accordance with the fixed amounts provided for in Part 3 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth), or whether they should be referred for taxation under Part 40 of the *Federal Court Rules 2011* (Cth). The Court was required to determine the appropriate principles for assessing the costs of a successful party in a migration proceeding.

Judge Manousaridis dismissed the first respondent's application to vary the existing costs orders. The Court reasoned that the applicant's costs, including those related to the respondent's application to vary the orders, should be referred for taxation under Part 40 of the *Federal Court Rules 2011* (Cth), rather than being assessed according to the fixed scale in the *Federal Circuit Court Rules 2001* (Cth). This approach was taken pursuant to rule 21.02(2)(c) of the *Federal Circuit Court Rules 2001* (Cth).