Commonwealth of Australia (As Represented By the Department of Infrastructure and Regional Development) v Carr (No.3)

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 respondent was Mr. Carr. The primary dispute revolved around the determination of costs following earlier proceedings.

The central 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 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 determined that Mr. Carr was entitled to an award of costs. The Court reasoned that the usual principle of ordering costs in favour of the successful party should apply. In calculating the quantum of those costs, the Court applied the scale set out in Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth), finding it to be the appropriate method for assessing the costs in this matter. The Court also ordered that the costs order be stayed pending any appeal to the Federal Court of Australia.