Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Butt & Anor (No.2)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, was the applicant in proceedings before Smith J of the Federal Circuit Court of Australia concerning a tenancy dispute. The respondents were Butt and another party. The primary dispute revolved around the determination of costs following earlier proceedings.

The central legal issue before the Court was whether the successful party, the Commonwealth, should be awarded its costs, and if so, how those costs should be calculated. Specifically, the Court was required to consider the application of Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth) in determining the quantum of the costs awarded.

Smith J reasoned that the Commonwealth, as the successful party, was generally entitled to an award of costs. The Court then proceeded to calculate these costs by reference to the relevant provisions of the Federal Circuit Court Rules 2001. The Court ultimately made orders for costs in favour of the Commonwealth, with the operation of the costs order being stayed pending any appeal to the Federal Court of Australia.