Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Kenney & Anor (No.3)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against Kenney & Anor in the Federal Circuit Court of Australia concerning a dispute over a licence. The primary issue before the court was the determination of costs following the resolution of the substantive dispute.

The court was required to determine whether the successful party should be awarded costs and, if so, how those costs should be calculated. Specifically, the court considered whether the calculation of costs should be made by reference to Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth).

In reaching its decision, the court applied the general principle that costs follow the event, meaning the successful party is typically awarded their costs. The court then proceeded to calculate the quantum of those costs in accordance with the relevant rules, specifically Part 1 of Schedule 1 of the *Federal Circuit Court Rules 2001* (Cth), which governs the assessment of costs. The court noted that a stay of the costs order was sought pending an appeal to the Federal Court of Australia.