Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Jelfs & Anor (No.4)

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 Jelfs & Anor.

The primary legal issue before the Court was the determination of costs following the determination of the substantive dispute. Specifically, the Court was required to consider whether the successful party should be awarded costs and, if so, how those costs should be calculated, with reference to Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth).

Smith J ordered that the Commonwealth pay the respondents' costs of the proceeding, to be assessed by reference to the Federal Circuit Court Rules. However, the operation of this costs order was stayed pending the determination of an appeal lodged by the Commonwealth in the Federal Court of Australia.