Commonwealth of Australia (As Represented By the Department of Infrastructure and Regional Development) v Carr (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 dispute over a licence. The respondent was Mr. Carr.

The primary legal issue before the Court was whether the successful party, Mr. Carr, should be awarded costs, and if so, how those costs should be calculated. Specifically, the Court was required to determine if the costs should be assessed by reference to Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth).

Smith J determined that Mr. Carr, as the successful party, was entitled to an award of costs. The Court reasoned that the standard approach in such matters was to award costs to the successful party, and that the *Federal Circuit Court Rules 2001* provided the appropriate framework for their calculation. The Court ordered that the costs be assessed in accordance with the relevant rules. The Court also ordered that the costs order be stayed pending an appeal to the Federal Court of Australia.